Legal Question in Real Estate Law in New York

Definition

What is the definition of ''res gestoe''?


Asked on 3/10/08, 8:48 pm

1 Answer from Attorneys

Lawrence Silverman Law Firm of Lawrence Silverman

Re: Definition

RES GESTAE refers to spontaneous statements made by spectators or participants to an event which is the subject of litigation (or victims of an accident or crime) immediately during, immediately after, or immediately before, that event. As evidence, these statements can be deemed to be admissible as "excited utterances", descriptions of emotions or of mental states of physical sensation, during the event which is the subject of such litigation, e.g., accident or crime; and, as such, these utterances are not barred by the "hearsay rule". (The "hearsay rule" otherwise prevents admission into evidence of any statement made by anybody OTHER than the witness who is currently testifying at the trial, which statements are offered as proof of the matters to which the witness is testifying; however, "excited utterances" as described above, are not barred by the "hearsay rule".)

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Answered on 3/11/08, 1:01 am


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