Written by attorneys · grounded in primary & secondary sources — see below
A sudden situation demanding immediate response to avert harm or resolve urgent circumstances.
Sources & Authorities
How it applies
Common Examples
6
Judge Permits Ex Parte Scheduling Call
Ewan Eckhart's attorney contacts the judge by phone to reschedule a hearing after a key witness falls ill. The judge discusses only the new date and time without addressing any substantive issues in the case. The judge promptly notifies the opposing party of the conversation and offers an opportunity to respond.
Officers Enter Home to Aid Injured Occupant
Ella Emerson's neighbor reports hearing screams and seeing blood through the window of her home. Officers arrive and observe signs of a struggle inside. They enter without a warrant because they reasonably believe Ella is injured and needs immediate assistance.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Emily Ellis encounters a child darting into the street while driving. She swerves sharply onto the shoulder to avoid hitting the child. A court later considers the sudden emergency when evaluating whether her choice of action was reasonable.
Court Assumes Temporary Custody Jurisdiction
Eileen Epstein brings her child to this state after fleeing an abusive parent in another state. The child is present here and faces an immediate threat of mistreatment. The court exercises temporary emergency jurisdiction to protect the child until the home-state court can act.
Court Applies Emergency Custody Rule
Esme Ellington's child is physically present in this state after being abandoned by the other parent. The court determines that immediate protection is necessary because the child faces mistreatment. Jurisdiction is proper under the emergency provision even without home-state status.
Statements During Ongoing Emergency Admitted
Esther Eisenberg calls 911 while her attacker is still nearby and describes the ongoing threat. Police respond and ask questions to assess the danger and locate the assailant. The statements are non-testimonial and admissible without confrontation because their primary purpose addressed the emergency.
Common questions
Frequently Asked
4
How does an ongoing emergency affect whether a statement is testimonial under the Confrontation Clause?+
Statements made during an ongoing emergency to enable police assistance are non-testimonial and admissible without confrontation. When the primary purpose shifts to establishing past events for prosecution, the statements become testimonial and subject to the Confrontation Clause.
Supporting sources
What must officers reasonably believe to enter a home under the emergency aid exception?+
Officers may enter without a warrant when they reasonably believe an occupant is injured or imminently threatened with injury. The analysis is objective and does not depend on the officers' subjective motives.
Supporting sources
When does a court have temporary emergency jurisdiction in a child custody matter?+
A court has temporary emergency jurisdiction if the child is present in the state and has been abandoned or faces mistreatment or abuse. The jurisdiction allows the court to issue orders protecting the child until another court with proper jurisdiction can act.
Supporting sources
How does a sudden emergency factor into a negligence determination?+
The fact that an actor faces a sudden emergency requiring rapid decision is considered when determining whether the chosen action was reasonable. The actor's conduct after the emergency arises does not excuse prior tortious conduct that created the emergency.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…and his staff, to the facilities involved, to the availability of after-care, and to adequate provision for any complication or emergency that might arise. The prevalence of high mortality rates at illegal "abortion mills" strengthens, rather than weakens, the State's interest in regulating the conditions under which…