Ralph wants to testify that he heard Lisa state, "I'm going to make sure John spends the rest of his life in jail by poisoning myself." A. Hearsay is present if Ralph testifies at trial that Lisa said: "I'm going to make sure John spends the rest of his life in jail by poisoning myself". In this case, hearsay is present because the statement is made by another person. As Lisa seems to be still under the stress of excitement that the poisoning caused, once she was the victim, the exception that may apply is Rule 803(2) FRE - Excited Utterance