Crucial Exams

Multistate Bar Examination Practice Question

During a civil trial, the plaintiff calls a witness to testify about the contents of a phone conversation that the witness alleges occurred between the defendant and a third party. The defendant objects, arguing the witness cannot testify about this conversation. What is the most likely reason the testimony would be excluded?

  • The witness lacks personal knowledge because they were not a participant in or present for the conversation.

  • The witness is not qualified to testify unless both parties involved in the conversation agree to the testimony.

  • The witness is not allowed to testify because the conversation was not recorded.

  • The witness cannot testify because this constitutes an opinion rather than factual evidence.

Multistate Bar Examination
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