Weekly Bar Question 04/14/08
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In a contract suit between Terrell and Ward, Ward testifies that he recalls having his first conversation with Terrell on January 3. When asked how he remembers the date, he answers, “In the conversation, Terrell referred to a story in that day’s newspaper announcing my daughter’s engagement.” Terrell’s counsel moves to strike the reference to the newspaper story. The judge should
(A) grant the motion on the ground that the best evidence rule requires production of the newspaper itself.
(B) grant the motion, because the reference to the newspaper story does not fit within any established exception to the hearsay rule.
(C) deny the motion on the ground that the court may take judicial notice of local newspapers and their contents.
(D) deny the motion on the ground that a witness may refer to collateral documents without providing the documents themselves.
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Answer
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