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A client matter turns on file facts and supplied authorities that point in different directions. A supervising attorney assigns a client matter with file facts and supplied authorities that point in different directions. A party offered a text message to prove both notice and the truth of the matter asserted. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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The judge should rule by applying the evidentiary standard to the purpose and foundation for the proof: The answer should identify the governing rule for Hearsay Exemptions and apply it to the operative facts. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. Reject the claim or defense solely because the opposing party disputes a required fact.

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