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11th Cir 2d Cir 9th Cir action admis admissible under Rule admitted application attorney attorney-client privilege authenticity best evidence rule business records exception cert character evidence circumstantial claim client co-conspirator common law communications condition confidential convictions credibility crime criminal defendant cross-examination declarant's declarations against interest defendant's dence disclosure documents establish event excited utterance excluded fact Federal Rules hearsay exception hearsay rule impeachment inadmissible inconsistent statements issue Katriel Law and Federal legal advice level of hearsay LEXIS 5th limited litigation ment ness offered to prove opposing party past recollection recorded permitted personal knowledge plaintiff plea PRACTICES present sense impression presumption prior consistent prior statement probative value problem proponent prosecution prove the truth public records purpose question relevant reliability requires Rice & Roy Rules of Evidence self-authentication Subsequent Remedial Measures testify third party tion unavailable United vicarious admissions victim waiver writing YES NO YES