16. RULE 803 EXCEPTIONS PART 1: EXCEPTIONS FOR SPONTANEOUS STATEMENTS

The exceptions for so-called "spontaneous" statements are found in Rules 803(1)-803(4) . These are the easy exceptions. There is a foundation required, but it is minimal. The common element is “spontaneity” -- the statement must have been made sufficiently close  in time to the event being described so that the declarant has not been able to carefully develop a self-serving answer.

The time frame is:
Concurrently for 803(3) statements of then-existing condition.
Concurrently or immediately thereafter for 803(1) present se4nse impressions.
Concurrently or shortly thereafter while still under stress for 803(2) excited utterances.
Concurrently or close enough in time to be medically pertinent for 803(4) medical statements,

For example, in the Caine Mutiny, Steve Maryk is on trial for mutiny. The prosecution calls the helmsman as a witness. He testifies:

.... We were in a typhoon. The ship was rolling real bad, I couldnМt hold her. The captain told me to come left and Mr. Maryk told me to come right.

Q. Which did you do?
A. I obeyed Mr. Maryk, sir.

Q. Why?
A. Well, Mr. Keith told me Mr. Maryk had taken command.

Q. Did the captain act scared?
A. No, sir.

Q. Did Mr. Maryk act scared?
A. No, sir.

Q. Did anyone act scared?
A. Just me, sir.

There are three potential hearsay problems:
1) What the captain said
2) What Maryk said
3) What Lt. Keith said.

What are the most likely arguments that these statements are admissible? When you think you know, click here.