Legal Definitions - Res gestae witness

A res gestae witness is someone who has personally witnessed an event and can testify about what happened. The term comes from the Latin phrase "res gestae," which means "things done."

Under common law, res gestae witness testimony was not allowed as evidence because it was considered hearsay. For example, in a court case from 1891, the court ruled that anything a lawyer said about a transaction to others was not admissible as part of the res gestae.

However, in many federal and state courts, specific rules on hearsay have made res gestae witness testimony admissible. For example, Federal Rule of Evidence Rule 803 allows certain statements made by a witness while or immediately after perceiving an event to be admissible.

For instance, if a witness saw a car accident and immediately said, "That was a terrible crash!" their statement could be considered part of the res gestae and admissible in court.

Overall, a res gestae witness is someone who can provide firsthand knowledge of an event and their testimony can be used as evidence in court under certain circumstances.