Question
Vic sues Sherry following a surfing collision. Vic calls Valerie to the stand because she saw the accident. Valerie testifies that Sherry was not watching
Vic sues Sherry following a surfing collision. Vic calls Valerie to the stand because she saw the accident. Valerie testifies that Sherry was "not watching out for other surfers." To prove that she was surfing carefully, Sherry calls Melissa (not present at the accident) to testify that on the day after the accident, Kelly (not present at the accident) told her, "Valerie says that Sherry was surfing carefully." Sherry later re-called Valerie to give her a chance to explain or deny the statement. Assume that Melissa's testimony is offered to prove that Sherry was surfing carefully.
Which of the following statements is correct?
A. | The testimony relates inadmissible hearsay. | |
B. | The testimony relates non-hearsay but it is inadmissible because Valerie was not given a chance to explain or deny the statement before Sherry proved the statement with extrinsic evidence. | |
C. | The testimony relates hearsay but it is admissible as a declaration against interest. | |
D. | The testimony relates admissible non-hearsay. |
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