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At the trial of a contract dispute, the plaintiff has offered to testify to what she heard the defendant say in a private conversation between the two of them, which the plaintiff secretly recorded on an audiotape that she did not offer in evidence. Is the plaintiff's testimony admissible

Respuesta :

The plaintiff's testimony is admissible because plaintiff as personal knowledge of the statement of a party-opponent.

How to illustrate the information?

The recording is coincidental with firsthand knowledge. The person could testify based upon firsthand knowledge and could also lay the foundation under Article 9 to authenticate the tape.

In this case, the tape is not required as a matter of the original writing rule, giving the proponent options to offer testimony from memory, and/or the opportunity to corroborate the in-court testimony by a demonstrative exhibit

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