Res gestae

Res gestae (Latin "things done") is a term found in substantive and procedural American jurisprudence and English law. In American substantive law, it refers to the start-to-end period of a felony. In American procedural law, it refers to an exception to the hearsay rule for statements made spontaneously or as part of an act. The English version of res gestae is similar.

Res gestae in American substantive law

In certain felony murder statutes, "res gestae" is a term defining the overall start-to-end sequence of the underlying felony. Generally, a felony's res gestae is considered terminated when the suspect has achieved a position of relative safety from law enforcement.

Res gestae in American hearsay law

Under the Federal Rules of Evidence, res gestae may formerly have been, but is no longer, an exception to the rule against hearsay evidence based on the belief that, because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else (e.g. by the witness, who will later repeat the statement to the court) and thus the courts believe that such statements carry a high degree of credibility. Statements that could be admitted into evidence as res gestae fall into three headings: