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72. Is the newspaper story admissible?
A plaintiff has sued a defendant in federal court, alleging that the defendant knowingly pursued the plaintiff for payment of debts in violation of an automatic bankruptcy stay. The defendant has moved for summary judgment, arguing that he had no notice of the plaintiff's bankruptcy. In opposing the defendant's motion for summary judgment, the plaintiff offers a copy of the local newspaper that contains a front-page story about the plaintiff's petition for bankruptcy, along with evidence that the defendant is a daily subscriber to the newspaper. The defendant objects to admission of the newspaper story.
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A is incorrect. A newspaper is a self-authenticating document under FRE 902(6) and does not require separate authentication to be admitted into evidence.
B is incorrect. The newspaper story is not hearsay because it is not being offered for its truth but rather to prove that the defendant had notice of the plaintiff's bankruptcy before he pursued the plaintiff for payment of the debts. See Fed. R. Evid. 801(c)(2).
C is incorrect. As the newspaper story is not offered for its truth, it is not hearsay, and no hearsay exception is required for its admission. Further, the past recollection recorded exception to the hearsay rule applies to testimony from a witness who made or adopted the recorded recollection, which is not the case here.