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spontaneous exclamation

n. a sudden statement caused by the speaker having seen a surprising, startling or shocking event (such as an accident or a death), or having suffered an injury. Even though the person who made the spontaneous exclamation is not available (such as he/she is dead or missing), a person who heard the exclamation may testify about it as an exception to the rule against "hearsay" evidence. The reason is that such an exclamation lacks planning and is assumed to have the ring of truth to it. Examples: "Chauncey shot him," "my leg is broken," "the blue Chevrolet hit the girl."

See also: hearsay 

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The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications

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