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Consultant sues Client for unpaid fees under a written engagement letter. Consultant cannot locate the signed letter. In Client's deposition, Client testified, "The engagement letter said Consultant would receive a $60,000 success fee if the bank approved the loan." Client later sent Consultant an email stating, "I know the signed letter had the success-fee clause, but the clause was not meant to survive closing." Consultant offers the deposition excerpt and email to prove the clause's content.
Consultant also wants Office Manager to testify that Client's former assistant once said, "I remember seeing the success-fee clause in the signed letter." Client denies that any signed letter existed and argues that the jury should never hear secondary evidence unless the judge first finds that the letter existed and contained the clause.
How should the court analyze the evidence under Rules 1007 and 1008? Discuss party statements, nonparty statements, who decides disputed existence and content issues, and any separate hearsay concerns.