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Abstract

Res gestae is a Latin term that has had many meanings in American courts. Courts have used it when referring to a variety of hearsay exceptions, such as the excited utterance exception, the present sense impression exception, the verbal part of the act doctrine, and statements of mental or physical condition. In Bynote v. National Super Markets ,Inc., the Missouri Supreme Court determined that the use of the term res gestae should be abandoned in favor of the specific hearsay exceptions it has covered. The court also held that any requirement of executive capacity to meet the vicarious admission of a party-opponent hearsay exception should be abandoned.

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