Exam 312-49v10 topic 1 question 505 discussion

A. Rule 1003: Admissibility of Duplicates

Many of us are not attorneys or judges. But when you look closely at the question and compare Rule 1003 and Rule 804, the answer is Hearsay D

Rule 804. Hearsay Exceptions; Declarant Unavailable (a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: (1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies; (2) refuses to testify about the subject matter despite a court order to do so; (3) testifies to not remembering the subject matter; (4) cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or

The correct answer is D. Hearsay.

D Rule 804