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Source Contributory Negligence Complete Torts List Showing the closest available flashcard practice.

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Plaintiff cannot locate a signed commission agreement. In Defendant's deposition, Defendant testified that the agreement promised Plaintiff a 5 percent commission. Plaintiff offers that deposition excerpt to prove the agreement's content.
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The proponent may prove the content against the opposing party by that party's testimony, deposition testimony, or written statement without producing the original. A party's own testimony can never prove the content of a writing under the best evidence rules. Rule 1007 applies only when the opposing party signs a notarized confession. Rule 1007 allows proof of contents through any bystander's oral statement.

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