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6. Should the court allow the woman's testimony about the statements in the letter?
A woman has sued a man for defamation, alleging that he sent a letter to her employer making false and injurious statements about her. At trial, she proposes to testify about the statements in the letter but does not produce the letter itself or show that it is unavailable.
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A is incorrect. The statements in the letter are not hearsay because they are not being offered for their truth. Here, the statements are being offered as false and defamatory statements.
C is incorrect. Although this answer choice correctly reflects that the statements in the letter are not hearsay because they are not being offered for their truth, the woman's testimony is inadmissible under the best evidence rule.
D is incorrect. The fact that the statements in the letter are those of a party-opponent is irrelevant because they are not being offered for their truth and, thus, invoking a hearsay exception is unnecessary. The woman's testimony, however, is inadmissible under the best evidence rule.