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Source Appear in court or before an administrative body when applicable Official Sources Showing the closest available flashcard practice.

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In a slip-and-fall case, Plaintiff offers testimony from Store Manager that, 20 minutes before Plaintiff fell, a customer told Manager, "There is oil on aisle three." Plaintiff offers the statement only to prove that Store had notice of a possible hazard before the fall. Store objects on hearsay grounds.
How should the court rule?

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It is hearsay unless the customer who made the statement is unavailable. It is hearsay because notice is always proved by the truth of the complaint. It is not hearsay if offered to prove that the store had notice of the spill rather than to prove that the spill actually existed. It is admissible only if the manager wrote the statement down.

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