The contents of a memorandum from Mary Smith to Janet Jones are relevant in a trial in which Mary Smith is a party. Janet is not in the jurisdiction and has no forwarding address. It is believed that Janet is in possession of the memorandum.

Under FRE is oral testimony about the contents of the memorandum admissible, notwithstanding the Best Evidence Rule?

Select one:

a.Yes because the original cannot be subpoenaed and is deemed to be unavailable.

b.Yes, because of hearsay.

c.No because judicial notice must be taken.

d.No, all evidence must be presented prior to taking oral testimony.