Legal Definitions - res gestae

Res gestae is a Latin term meaning "things done" or "things transacted." In legal contexts, it historically referred to the events or circumstances directly at issue in a case, as well as other statements or actions that were so closely connected to those events that they were considered part of the same continuous transaction. Courts previously used this concept to admit certain statements into evidence that might otherwise be considered inadmissible hearsay, on the grounds that their spontaneity and close connection to the main event made them inherently reliable.

While the term "res gestae" is rarely used in modern evidence law, its underlying principles are now covered by more specific rules, such as those for "present sense impressions" and "excited utterances" found in the Federal Rules of Evidence and similar state rules. These modern rules provide clearer guidelines for when spontaneous statements made during or immediately after an event can be admitted into evidence.

• Example 1: Traffic Accident

  Imagine a pedestrian standing at a crosswalk who witnesses a car run a red light and collide with another vehicle. Immediately after the impact, the pedestrian exclaims to a bystander, "That blue car just blew through the red light! I saw the driver looking at their phone!"

  Explanation: This spontaneous exclamation, made at the exact moment or immediately after the accident, would historically have been considered part of the res gestae. The statement is directly related to the event (the collision) and made under the immediate influence of observing it, suggesting its reliability because there was no time for the witness to fabricate or reflect on the statement.

• Example 2: Workplace Incident

  A factory worker is operating a machine when a piece of equipment suddenly malfunctions, causing a loud bang and sparks. Another worker nearby immediately yells to a supervisor, "The conveyor belt just jammed, and sparks are flying everywhere! Someone needs to hit the emergency stop!"

  Explanation: This immediate and spontaneous cry from the second worker, describing the sudden malfunction and its immediate effects, would have fallen under the umbrella of res gestae. It captures the "things done" – the equipment failure – as it is happening or just happened, reflecting an uncalculated observation of the event.

• Example 3: Burglary

  Consider a situation where a homeowner hears a window break downstairs and then hears footsteps. As the intruder flees, the homeowner, still trembling, immediately calls 911 and shouts, "Someone just broke into my house! They took my purse and ran out the back door!"

  Explanation: The homeowner's agitated statement to the 911 operator, made while still experiencing the shock and immediate aftermath of the home invasion, would have been categorized under res gestae. It describes the "things done" (the break-in and theft) while the event was still unfolding or its effects were acutely felt, making it a spontaneous and unreflective account of the incident.