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Pat filed a personal injury suit against Debra in California Superior Court arising out of a collision between the cars each was driving. Pam alleged
Pat filed a personal injury suit against Debra in California Superior Court arising out of a collision between the cars each was driving. Pam alleged injury to her back. At trial, Pam, who is present during the trial, offered, over Debra's objection, the testimony of Pam's husband that she had told him on several occasions: "My back has been hurting me ever since the accident." How should the court rule on Debra's objection? Group of answer choices Sustained, because only statements of a declarant's then-existing physical condition are admissible hearsay to prove the truth of those statements. Overruled, only if Pam made the statement to her husband for the purpose of obtaining medical treatment. Overruled, because statements of past physical condition are admissible hearsay because the condition of Pam's back after the accident is itself an ultimate issue in the case. Sustained, because Pam is not "unavailable" to testify at trial
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