The process of refining the concept began in the 1920s, when the influential lawyer and educator Edmund M.
#ALL THINGS DONE LATIN TRIAL#
Thus the appellate court reversed the trial court's decision. The appellate court ruled that the declarations of the eyewitnesses were not res gestae exceptions: they were not made concurrently with the collision, but afterward, and were only a narrative of what the eyewitnesses said had taken place. The trial court had admitted the testimony of the plaintiff concerning unidentified eyewitnesses who allegedly saw the accident, over the objection of defense counsel who argued that the statements were hearsay. 2d 470, 156 N.E.2d 267, an Illinois appellate court heard the appeal of a defendant who was held liable for injuries sustained by another motorist in a car crash. In practice, cases involving res gestae were usually decided by applying some variation of these tests. Thus, for example, a witness might testify that during a bank Robbery, she or he heard another person shout, "That person is robbing the bank!" and the statement could be admitted as an exception to the ban on hearsay. Finally, the original speaker must have participated in the transaction or witnessed the event in question. Additionally, the statements must be spontaneous, evoked by the event itself, and not the result of premeditation. They must be natural statements growing out of the event, as opposed to a narrative of a past, completed affair.
To be admissible, the statements must relate, explain, or characterize an event or transaction. The doctrine held that such statements are more trustworthy than other secondhand statements and therefore should be admissible as evidence.Īs the common-law rule developed, it acquired a number of tests for determining admissibility. Res gestae is based on the belief that because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they carry a high degree of credibility and leave little room for misunderstanding or misinterpretation. But in the nineteenth century, the borrowing of the concept of res gestae from English Law offered an exception to this rule. Thus, in a trial, counsel can object to a witness's testimony as hearsay. Allowing a witness to repeat hearsay does not provide the accused with an opportunity to question the speaker of the original statement, and the witness may have misunderstood or misinterpreted the statement. Traditionally, two reasons have made hearsay inadmissible: unfairness and possible inaccuracy. Although the term is now infrequently used, the legacy of res gestae is an integral part of the modern framework of hearsay evidence. To varying degrees, state rules of evidence are modeled on the federal rules. With the introduction of the Federal Rules of Evidence, federal courts abolished res gestae as a common-law doctrine and replaced it with explicit exceptions to the ban on hearsay. During the nineteenth century and much of the twentieth century, courts applied the exception by following an assortment of common-law rules.
The doctrine of res gestae provided an exception to this rule. Under the Hearsay rule, a court normally refuses to admit as evidence statements that a witness says he or she heard another person say. Res gestae describes a common-law doctrine governing testimony.
Secondhand statements considered trustworthy for the purpose of admission as evidence in a lawsuit when repeated by a witness because they were made spontaneously and concurrently with an event.
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