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October 19, 2022

Is the testimony offered by the witness below hearsay or nonhearsay

Is the testimony offered by the witness below hearsay or nonhearsay?

If the statement is hearsay, review the hearsay exceptions under FRE 803 and 804 and cite the rule number and subsection under which the statement would most likely to be admitted at trial. If none of the exceptions apply, indicate this in your answer.

Facts: claims that Tony tried to murder her by poisoning her coffee. As a result, Tony was arrested and is now on trial for attempted murder of Gabbie. The following witnesses are being asked to testify at trial.

Mike works at a hardware store and recalls Tony buying a box of rodent killer. As Mike wrote out the receipt, Tony said, “we’ve got a real pest I’ve got to get rid of.”

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