I Beck, an author sues his latest publisher, Horton House for unpaid royalties on the digital sales of his book Toucan Dance. Beck files interrogatories asking Horton House how many digital copies of the book it has sold over the past 5 years. Horton House replied, through its lawyers by referring Beck to a recent newspaper story indicating that Horton House has reportedly sold 16,000 copies of Beck's Toucan Dance. Will the hearsay rule allow Beck to introduce the newspaper article at trial to prove the number of digital copies of his book Horton House has sold? Paolo sues Dimitri for injuries received in a traffic accident. Dmitri claims the accident was Paolo's fault because ti was dark and Paolo didn't have his lights on. Dmitri calls Wyatt, a bystander, to testify that Rachel, who was riding as a passenger in Paolo's car told Wyatt at the scene of the accident that we should have had our lights on. Is this testimony barred by the hearsay rule? Dmitri seeks to elicit testimony from Wyatt, the bystander that he was talking with another bystander, Xavier, who just before the crash said that car doesn't have its lights on. Xavier can now not be located. Is Wyatts testimony admissible?