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Patron sues Hotel after a balcony railing collapsed. Patron offers testimony that, two days before the collapse, Hotel's maintenance supervisor told the front-desk manager, "The third-floor balcony rail is loose, and we do not have parts to fix it yet." The supervisor was employed by Hotel at the time and was responsible for balcony repairs. Hotel objects that the statement is hearsay.
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The statement is not hearsay if it was made by the employee during the employment relationship on a matter within the scope of that relationship and is offered against the employer. The statement is admissible only if the employee is unavailable. The statement is inadmissible unless the employee repeats it in court. The statement is admissible only if the employee's statement was against the employee's own interest.

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