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To: wideawake
There are exceptions. Excited utterances, etc.

An affadavit by attorney can be an excited utterance? Come on.
68 posted on 08/24/2004 3:03:20 PM PDT by George W. Bush
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To: George W. Bush
An affadavit by attorney can be an excited utterance? Come on.

You're really not so good at reading are you?

A person giving an affidavit can mention in the affidavit something that he heard a third party say in an excited state.

I.e. a statement like: "I was walking along the street and Joe came running out onto the sidewalk bleeding and screamed 'Bill shot me!'" is an exception to the hearsay rule because Joe's statement was an excited utterance.

Excited utterance has nothing to do with the mental state of the testifying party.

103 posted on 08/25/2004 7:30:52 AM PDT by wideawake (God bless our brave soldiers and their Commander in Chief)
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