ND Bar Practice Questions - North Dakota Bar Examination Exam

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In a civil trial, a party offers an out-of-court statement to prove the truth of the matter asserted. Opposing counsel objects on hearsay grounds. Under FRE 801, the statement is hearsay only if:

It was made under oath The declarant is available to testify It was written rather than spoken It is an out-of-court statement offered to prove the truth of the matter asserted and does not fall within an exclusion or exception

Correct Answer:

It is an out-of-court statement offered to prove the truth of the matter asserted and does not fall within an exclusion or exception

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