res gestae

Definition

[Latin: “things done” or “thing transacted”] The events or circumstances at issue, as well as other events that are contemporaneous with or related to them. Courts previously employed this term in order to admit otherwise inadmissible hearsay. The term has since been put to disuse by scholars and legislators. In evidence law, for example, the Federal Rules of Evidence, Rules 803(1)[“present sense impression”], 803(2)[“excited utterance”], 803(3)[“declaration of existing physical condition”], and 803(4)[“declaration of past physical condition”] now specifically encompass and limit what was previously used as res gestae.

 

keywords: