California Evidence Code Section 1240 - Interpretation

In People v. Ramirez (2006) 143 Cal.App.4th 1512, 1522, the Court provided an overview of the basis for the spontaneous statement exception, and the necessary prerequisites for admitting a hearsay statement pursuant to Evidence Code section 1240: "'The foundation for this exception in the common law is that if the declarations are made under the immediate influence of the occurrence to which they relate, they are deemed sufficiently trustworthy to be presented to the jury.' . . . 'To render statements admissible under the spontaneous declaration exception it is required that: (1) there must be some occurrence startling enough to produce this nervous excitement and render the utterance spontaneous and unreflecting; (2) the utterance must have been before there has been time to contrive and misrepresent, i.e., while the nervous excitement may be supposed still to dominate and the reflective powers to be yet in abeyance; (3) the utterance must relate to the circumstance of the occurrence preceding it."