Question: The issue at trial is whether snow was falling in the early morning hours in the mountains in New Hampshire on a particular day. A
The issue at trial is whether snow was falling in the early morning hours in the mountains in New Hampshire on a particular day. A waiter testified that he was serving a customer that particular day and the customer said, "Now that it is snowing, I'll be able to ski all day!" Is the testimony by the waiter of the customer's statement admissible? Answer Choices A) No, the testimony is inadmissible as hearsay. B) No, the testimony is inadmissible because the waiter did not testify that he also saw the snow falling. C) Yes, if the customer is unavailable. D) Yes, because the availability of the customer is irrelevant based upon the purpose for admission
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