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Victor is suing John for breach of contract. During the trial, Victor called two witnesses, Wendy and Diane, who testified as to the fact that
Victor is suing John for breach of contract. During the trial, Victor called two witnesses, Wendy and Diane, who testified as to the fact that John did not deliver the goods as promised in the contract. However, the trial ended in a mistrial when three of the jurors got the stomach flu during deliberations after the judge had dismissed the alternates. Thus, the case had to be re-tried. In planning for the re-trial, Victor decided not to call Diane to the stand because she had proved to be a poor witness. Thus, he intended on going forward only with Wendy's testimony. Unfortunately, on the day of the re-trial, Wendy did not show up to testify. Victor had not issued a subpoena for her, because he had believed she would show up voluntarily as she had for the prior trial. Victor did not want to obtain a subpoena on the day of the re-trial, because that would require getting a continuance and he wanted the trial to take place today. Therefore, Victor sought to admit Wendy's testimony from the prior trial. What is John's BEST objection when confronted with Wendy's testimony from the prior trial? Group of answer choices "Your honor, I am supposed to receive seven days notice from the opposing party before he attempts to admit any hearsay against me, and I never received any notice." "Your honor, I did not have the same motive to cross-examine this witness in the prior trial, because there was another witness who confirmed her report and so I did not see the point in trying t
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