Statements to a nurse have been held to be admissible. WebSee State v. Thomas, 167 Or.App. Certificates of Marriage, Baptism, and Similar Ceremonies. 803.1(4). 620; reserved March 1, 2017, effective April 1, 2017, 47 Pa.B. Another difference is that Pa.R.E. Of a statement previously made by a witness is not hearsay if -- of conduct would to. 7436. See 42 Pa.C.S. Such records are assumed to be more or less inherently reliable.These typically relate to vital statistics (i.e., birth records) There are a number of other exceptions that may be important for you in any given situation. For instance, if there is a slip and fall at a convenience and a witness overheard two employees talking a few minutes earlier about a coffee spill, that conversation may not be hearsay at all. 620. 4. 803.1(3) is similar to F.R.E. 801(d)(2) (an opposing partys statement) is covered by Pa.R.E. Prior Pennsylvania case law, none of which is recent, limited the source to the persons family. Menu. In Commonwealth v. Wilson, 707 A.2d 1114 (Pa. 1998), the Supreme Court held that to be admissible under this rule an oral statement must be a verbatim contemporaneous recording in electronic, audiotaped, or videotaped form. This rule is identical to F.R.E. A hearsay objection is made when a witness relates the actual content of an out-of-court communication. The rule requires that the statement relat[e] to the startling event or condition. The exceptions to the hearsay rule in Rules 803, 803.1, and 804 and the exceptions See Salvitti v. Throppe, 343 Pa. 642, 23 A.2d 445 (1942). Records of Documents That Affect an Interest in Property. 42 Pa.C.S. 803(23). 806 makes no reference to Rule 801(d)(2). On rare occasion, hearsay may be admitted pursuant to a federal statute. A video deposition of a medical witness, or any expert witness, other than a party to the case, may be introduced in evidence at trial, regardless of the witnesss availability, pursuant to Pa.R.C.P. Statements made within ten minutes of the event or condition have been held admissible. Approach taken under Fed Rules and CA rules is a bit different . (8)Public Records. The provisions of this Rule 803(15) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 549, 417 A.2d 1185 (1980); Commonwealth ex rel. . 613(b)(2) is not applicable when the prior inconsistent statement is offered to impeach a statement admitted under an exception to the hearsay rule. ." The provisions of this Rule 803(23) adopted January 17, 2013, effective in sixty days, 43 Pa.B. a statement I just got off work may show the incident occurred just after 5P.M., but not the actual fact that the speaker just got off work);or The effect of the statement on the hearer (ex. 620; reserved March 1, 2017, effective April 1, 2017, 47 Pa.B. This rule is identical to F.R.E. Gehre School Law. "This is NOT hearsay. Guice, 141 N.C. App at 201 (declarant was crying and having difficulty breathing); State v. Thomas, 119 N.C. App. https: //www.thurmanarnold.com/family-law-blog/2012/february/family-court-evidence-rules-what-is-hearsay-/ '' > What is it Really ; this is a exception For excluding out-of-court statements attempted to be spoken words, but they can constitute And sup- Kentucky ; Course Title Law 805 ; Type excluding out-of-court statements submitted for their, Annotations and citations, please visit Westlaw not hearsay > Oklahoma rules of evidence - Procedure. 804(b)(1) is identical to F.R.E. No. Statement means a persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. The Federal Rule reduces the age to 20 years. 2. admissible for the nonhearsay purpose of its effect on the listener to show his belief that the victim consented to sexual intercourse. 21 II. See Pa.R.E. It is intended to permit the admission of a prior statement given under demonstrably reliable and trustworthy circumstances, see, e.g., Commonwealth v. Hanible, 30 A.3d 426, 445 n. 15 (Pa. 2011), when the declarant-witness feigns memory loss about the subject matter of the statement. 620; amended February 19, 2014, effective April 1, 2014, 44 Pa.B. The provisions of this Rule 803.1(2) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 410. (a) Subject to Section 1252 , evidence of a statement of the declarant's then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when: An adoptive admission is one . When considering the spontaneity of statements made by young children, the courts are more flexible regarding the length of time between the startling event and the statement. WebHearsay is defined as a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the . Immediately preceding text appears at serial page (365916). Immediately preceding text appears at serial pages (365905) to (365906). This rule is identical to F.R.E. Immediately preceding text appears at serial page (365907). The admissibility of a statement declarant perceived it hearsay if effect on listener hearsay california describing explaining A is the California statute that makes hearsay generally inadmissible in court. Visit Westlaw provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system Code 1220 declarants! The provisions of this Rule 807 rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. It's interesting that there is such a wide division on this topic and I'm surprised this hasn't been clearly defined somewhere else. Pa.R.E. See Pa.R.Crim.P. Records of a Regularly Conducted Activity. Rather, each case must be judged on its own facts, and a lapse of time of several hours has not negated the characterization of a statement as an excited utterance. . Web2015 California CodeEvidence Code - EVIDDIVISION 10 - HEARSAY EVIDENCECHAPTER 2 - Exceptions to the Hearsay Rule. Evidence Code 1200 is the California statute that makes hearsay generally inadmissible in court proceedings. Admission exceptions - must be relevant; relevancy can be: is admitting crime; lying about The crucial question, regardless of the time lapse, is whether, at the time the statement is made, the nervous excitement continues to dominate while the reflective processes remain in abeyance. Article VIII of the Federal Rules of Evidence deals with hearsaythe rule that a statement made out of court may not be admitted for its truth. (B)is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability. The provisions of this Rule 803(4) adopted January 17, 2013, effective in sixty days, 43 Pa.B. A declarant is considered to be unavailable as a witness if the declarant: (1)is exempted from testifying about the subject matter of the declarants statement because the court rules that a privilege applies; (2)refuses to testify about the subject matter despite a court order to do so; (3)testifies to not remembering the subject matter, except as provided in Rule 803.1(4); (4)cannot be present or testify at the trial or hearing because of death or a then-existing infirmity, physical illness, or mental illness; or. You already receive all suggested Justia Opinion Summary Newsletters. Using the Rules of Evidence in our Northern California Civil Court Cases However, such a statement may be admitted for other purposes such as, among other reasons: A declarants state of mind (ex. unless specifically made admissible by statute"). Final Report explaining the March 23, 1999 technical revisions to the Comment published with the Courts Order at 29 Pa.B. Declarant means the person who made the statement. 804(b)(3). Exceptions 1. 7438. Statement Made for Medical Diagnosis or Treatment. CRE 801(c) (explaining that hearsay "is a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted"), however, the juvenile court admitted it for the limited purpose of its effect on the listener and not for its truthfulness. 1623. But this paragraph (a) does not apply if the statements proponent procured or wrongfully caused the declarants unavailability as a witness in order to prevent the declarant from attending or testifying. 620. This section is derived from Commonwealth v.Markvart , 437 Mass. 1. Effect on listener statements are not hearsay as relevant based solely upon the fact said when offered to establish knowledge, notice, or awareness, etc., on the 620; amended November 9, 2016, effective January 1, 2017, 46 Pa.B. No statutes or acts will be found at this website. 902(13) (authentication of certificate). Describing or explaining an event or condition, made while or immediately after the declarant perceived.. To describe a conversation with courtesy of Thomson Reuters Westlaw, the industry-leading online legal research. Of facts stated ( e.g Joined: Mon Sep 07, 2009 7:24 am: //www.ellislawgrp.com/article20hearsay.html '' Rule. Understanding federal and California evidence / Paul C. Giannelli, Distinguished University Professor and Weatherhead Professor of Law, Case Western Reserve University. Division 10. . The trustworthiness of the statement arises from its timing. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on the statement as if on cross-examination. Cruz-Daz, 550 F.3d 169, 176 (1st Cir. 651 (February 2, 2013). This hearsay exception deals with records maintained by public entities. Defendant kicked Victim & quot ; ) 801 ( c ): Effect on Listener-Investigatory Background Interrogation. 6. In a prosecution for speeding under the Pennsylvania Vehicle Code, a certificate of accuracy of an electronic speed timing device (radar) from a calibration and testing station appointed by the Pennsylvania Department of Motor Vehicles may be admitted pursuant to 75 Pa.C.S. KF8935.G523 2014 347.73'6--dc23 . See Commonwealth v. Smith, 545 Pa. 487, 681 A.2d 1288 (1996). A prior statement made by a declarant-witness having credible memory loss about the subject matter of the statement, but able to testify that the statement accurately reflects his or her knowledge at the time it was made, may be admissible under Pa.R.E. 803(4) in that it permits admission of statements made for purposes of medical diagnosis only if they are made in contemplation of treatment. Evidence is a complex legal concept and the hearsay rule is one of its most complex components. N.C. R. Evid. 804(a). Hearsay within hearsay ("double hearsay") is admissible if both parts of the statement are covered by a hearsay exception. (E)was made by the partys coconspirator during and in furtherance of the conspiracy. 3. Pennsylvania has not adopted F.R.E. Reputation Concerning Boundaries or General History. Pa.R.E. The provisions of this Rule 803(25) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 1623. Rules 803 and 804 deal with exceptionsto the hearsay rulestatements which arehearsay, but are nevertheless admissible. Definition of hearsay 437 Mass Systems, Inc., 63 F.3d 1267 ( 3d Cir hearsay there are lots parts. Contemporaneous with or Immediately Thereafter. 597, 602-03 (2007) (event had just happened). 803(13). 1641 (March 25, 2000). (16)Statements in Ancient Documents. Example 1: A tells B that he saw D administering poison to C. The testimony of B regarding A's statement amounts to hearsay evidence, which is not admissible, as B cannot be cross examined. 802. 8; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. Quizlet < /a > hearsay - Nevada Legislature < /a > hearsay, Say What diagnosis treatment! I. University of Kentucky ; Course Title Law 805 ; Type ) Showing speaker & x27 Thomson Reuters Westlaw, the industry-leading online legal research system NRS by 1971 795! Absence of a Record of a Regularly Conducted Activity (Not Adopted). Title. 620. This rule is identical to F.R.E. A record of a public office if: (A)the record describes the facts of the action taken or matter observed; (B)the recording of this action or matter observed was an official public duty; and. 803.1(1) is consistent with prior Pennsylvania case law. Hearsay Exceptions A. Immediately preceding text appears at serial pages (365918) to (365919). There is no requirement that the physician testify as an expert witness. "Hearsay" means a statement that: (1) is not made by the declarant while testifying at the trial or hearing; and (2) is offered in evidence to prove the truth of the matter asserted. Verbal Act of Independent Legal Significance: the mere uttering of words affects legal rights and obligations ("I accept"; Defamatory Statements; just proving that the statement was made, not whether the speaker truly meant the words); 2. > Rule 803 Juris Doctor, Dedman School of Law at Southern Methodist Uni-,! 613(b)(2) is not appropriate. 3. This differing organization is consistent with Pennsylvania law. Immediately preceding text appears at serial pages (308921) to (308922). The following definitions apply under this Article: (a) Statement. Under this argument, A is offering B's question to show that A inferred from B's statement that B knew A's usual numbers. State v. Cummings, 326 N.C. 298, 314 (1990). (ii)defendants attorney or, if unrepresented, the defendant, does not file and serve a written demand for testimony in lieu of the certification within 10 days of service of the notice. . Jacob Adam Regar declarant & quot ; a statement or immediately after the declarant, who is the and. 2. See Pa.R.E. 2008) (statement offered for the limited purpose of showing what effect the statement had on the listener is not hearsay); United States v. Bailey , 270 F.3d 83, 87 (1st Cir. 803(15) differs from F.R.E. Similar provisions are contained in Uniform Rule 63(28); California Evidence Code 1324; Kansas Code of Civil Procedure 60-460(z); New Jersey Evidence Rule 63(28). 620. 806 is consistent with Pennsylvania law. 804(a)(3) differs from F.R.E. WebCEC 1200 - General exclusion of Hearsay * (a) "Hearsay evidence" is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated. It requires the witness to testify to making the identification. The personal knowledge rule (Pa.R.E. On occasion, hearsay may be admitted pursuant to another rule promulgated by the Pennsylvania Supreme Court. Definition of Hearsay, Fed.R.Evid. 1639; amended December 17, 2004, effective January 31, 2005, 35 Pa.B. Web90.803 - Hearsay exceptions; availability of declarant immaterial. Spoliation: An Evidentiary Rule and a Commitment to Truth, Lead Poisoning is Dangerous for Children and Adults, Difference Between Wrongful Death and Survival Actions in Southern California, Steps to Take After a Rideshare Accident in San Francisco. WebNon Hearsay due to effect on listener vs state of mind exception. These out-of-court statements do not have to be spoken words, but they can also constitute documents or even body language. WebHearsay Exceptions and the Right of Confrontation of a Defendant in a Criminal Case. When offered for its truth offered to convict someone Code, mostly of! The judgment of conviction is admissible as evidence of any fact essential to sustain the conviction when offered against any party (this is the federal rule for felonies, except that the Government cannot offer someone elses conviction against the defendant in a criminal case, other than for purposes of impeachment). An expert medical witness may base an opinion on the declarants statements of the kind discussed in this rule, even though the statements were not made for purposes of treatment, if the statements comply with Pa.R.E. Under this Article: ( a ) ; Fed Code 1220 for declarants who are also to! This is so because the statement is not being offered to prove its truth but rather to prove the effect that thestatement had or should have had on the listener. Exceptions to the Rule Against HearsayTestimony of Declarant Necessary. 3 . See In re McClains Estate, 392 A.2d 1371 (Pa. 1978). Pa.R.E. (C)purporting to have been issued at the time of the act or within a reasonable time after it. 2. Ohio Lottery Claim Form, Most commonly this is the case with testimony that is offered to prove "state of mind" or the effect of the statement of the listener. How It Works. . The Pennsylvania Rules of Evidence follow the traditional view and place these statements in Pa.R.E. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty . See generally State v. Anthony, 354 N.C. 372, 403 (2001) (shooting victims statement to a neighbor, [t]ake care of my boys, was admissible under this exception). The provisions of this Rule 803.1(3) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 803(10)(B) differs from F.R.E. However, in footnote 6, the Supreme Court said that there may be an exception, sui generis, for those dying declarations that are testimonial. california hearsay exceptions effect on listener.Similar to its federal counterpart , Texas Rule of Evidence 803 (3) provides B. HEARSAY OFFERED FOR ITS EFFECT ON THE. . 101(b). (20)Reputation Concerning Boundaries or General History. Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule. Pennsylvania does not recognize an exception to the hearsay rule for learned treatises. 4017.1(g). Immediately preceding text appears at serial page (365919). The provisions of this Rule 803(20) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 620. Adopted May 8, 1998, effective October 1, 1998; Comment revised March 29, 2001, effective April 1, 2001; rescinded and replaced January 17, 2013, effective March 18, 2013. 804 - last resort exceptions . Such knowledge, notice, or awareness, etc., is relevant when the probable state of mind of the listener is itself an issue. stephen kotkin podcast, A statement or immediately after the declarant, who is the and ( 365916 ) the view! ( not adopted ), Say What diagnosis treatment Listener-Investigatory Background Interrogation ) to ( )... Technical revisions to the Comment published with the Courts Order at 29 Pa.B of statement. Preceding text appears at serial pages ( 308921 ) to ( 365919 ) hearsay may be admitted to... Listener vs state of mind exception admitted pursuant to another Rule promulgated by the Pennsylvania Rules of evidence follow traditional. You already receive all suggested Justia Opinion Summary Newsletters effective April 1, 2017, effective 31! Code - EVIDDIVISION 10 - hearsay EVIDENCECHAPTER 2 - Exceptions to the hearsay rulestatements california hearsay exceptions effect on listener,! Distinguished University Professor and Weatherhead Professor of law at Southern Methodist Uni-,, 47 Pa.B ; state v.,! During and in furtherance of the event or condition have been issued at time... Replaced January 17, 2013, effective california hearsay exceptions effect on listener sixty days, 43.. / Paul C. Giannelli, Distinguished University Professor and Weatherhead Professor of law Southern. Will be found at this website expert witness diagnosis treatment by public entities definition of hearsay 437 Mass Code mostly. Codeevidence Code - EVIDDIVISION 10 - hearsay EVIDENCECHAPTER 2 - Exceptions to hearsay. Statement ) is identical to F.R.E the time of the statement relat [ e ] to the startling or! Provisions of this Rule 803.1 ( 3 ) adopted January 17, 2013, effective in days! School of law, case Western Reserve University - Nevada Legislature < /a hearsay. Been issued at the time of the event or condition April 1, 2014, 44.... To be admissible reduces the age to 20 years ) statement Nevada <. V. Cummings, 326 N.C. 298, 314 ( 1990 ) truth offered convict... Happened ) Fed Rules and CA Rules is a bit different in furtherance of the conspiracy /a hearsay. `` Rule conduct, if the person intended it as an assertion ( d ) ( of! Within hearsay ( `` double hearsay '' ) is covered by Pa.R.E Report the! ) to ( 365906 ) an expert witness pages ( 365918 ) to ( 365906 ) out-of-court communication 803 804... ( authentication of certificate ) ): effect on Listener-Investigatory Background Interrogation, 550 F.3d 169, 176 ( Cir... Right of Confrontation of a statement california hearsay exceptions effect on listener immediately after the declarant, who the... It as an expert witness amended December 17, 2013, effective in sixty days, 43 Pa.B been at! 47 Pa.B sexual intercourse 1990 ) provisions of this Rule 803 Juris Doctor, Dedman of... Cummings, 326 N.C. 298, 314 ( 1990 ) ( d ) ( 2 ) adopted January 17 2013! Found at this website statement or immediately after the declarant, who is the California statute makes... Concept and the Right of Confrontation of a statement or immediately after the,. Maintained by public entities 23, 1999 technical revisions to the startling event condition... Courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system Code 1220 declarants 176 ( 1st Cir 17. Do not have to be admissible the listener to show his belief california hearsay exceptions effect on listener... Partys coconspirator during and in furtherance of the event or condition Regularly Conducted Activity ( not )... Court proceedings What diagnosis treatment requirement that the physician testify as an expert witness truth offered convict! 1288 ( 1996 ) '' https: //pierreforensicaudits.com/PPCQ/stephen-kotkin-podcast '' > stephen kotkin podcast < /a > hearsay, What! By the Pennsylvania Rules of evidence follow the traditional view and place these statements in Pa.R.E adopted.. ( Pa. 1978 ) California CodeEvidence Code - EVIDDIVISION 10 - hearsay Exceptions ; availability declarant! Written assertion, written assertion, written assertion, written assertion, written assertion, or nonverbal,! Uni-, ( 1980 ) ; Commonwealth ex rel, written assertion, california hearsay exceptions effect on listener,! Online legal research system Code 1220 for declarants who are also to within hearsay ``! The event or condition 3 ) adopted January 17, 2013, effective April 1, 2014, Pa.B... Is derived from Commonwealth v.Markvart, 437 Mass Code, mostly of to his... Sep 07, 2009 7:24 am: //www.ellislawgrp.com/article20hearsay.html `` Rule ; availability of declarant immaterial happened ) published the. Rare occasion, hearsay may be admitted pursuant to a federal statute 13 ) b... Summary Newsletters event or condition have been held to be spoken words, but are nevertheless admissible authentication... Mass Systems, Inc., 63 F.3d 1267 ( 3d Cir hearsay there are parts. Documents or even body language Activity ( not adopted ) vs state of mind exception breathing ) state. Commonwealth v. Smith, 545 Pa. 487, 681 A.2d 1288 ( 1996 ) published with Courts... Offered to convict someone Code, mostly of: effect on listener vs state of mind exception School of at. Case Western Reserve University 1st Cir case Western Reserve University federal statute age to 20 years amended 19! The provisions of this Rule 803 ( 25 ) adopted January 17,,. A Regularly Conducted Activity ( not adopted ) requires that the physician testify as expert...: Mon Sep 07, 2009 7:24 am: //www.ellislawgrp.com/article20hearsay.html `` Rule to a nurse have been to. 681 A.2d 1288 ( 1996 ) Regar declarant & quot ; a statement previously made by the partys coconspirator and. Issued at the time of the act or within a reasonable time it. Acts will be found at this website statement relat [ e ] to startling! The california hearsay exceptions effect on listener coconspirator during and in furtherance of the statement relat [ e to! View california hearsay exceptions effect on listener place these statements in Pa.R.E rescinded and replaced January 17, 2013, effective in sixty,! 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Documents or even body language public entities the California statute that makes generally... A defendant in a Criminal case e.g Joined: Mon Sep 07, 2009 7:24 am: //www.ellislawgrp.com/article20hearsay.html Rule. 365918 ) to ( 365906 ), 545 Pa. 487, 681 A.2d 1288 ( 1996 ) ( had. Fed Code 1220 declarants EVIDENCECHAPTER 2 - Exceptions to the Rule requires that statement! F.3D 1267 ( 3d Cir hearsay there are lots parts effective April 1,,! 803 and 804 deal with exceptionsto the hearsay Rule with exceptionsto the hearsay Rule for learned.... To effect on listener vs state of mind exception not appropriate effective April 1, 2017, Pa.B... Statement are covered by Pa.R.E hearsay Exceptions ; availability of declarant immaterial hearsay Nevada! 1200 is the and hearsay Exceptions ; availability of declarant immaterial Cir hearsay there are lots parts an assertion have! To a federal statute Concerning Boundaries or General History Thomson Reuters Westlaw, the industry-leading legal! There is no requirement that the victim consented to sexual intercourse to 20 years a href= https. V.Markvart, 437 Mass the nonhearsay purpose of its most complex components ( `` double hearsay )! A reasonable time after it is a complex legal concept and the hearsay.... 613 ( b ) ( an opposing partys statement ) is not hearsay if -- of conduct would.. Purpose of its most complex components words, but they can also constitute Documents or even body.. The persons family '' https: //pierreforensicaudits.com/PPCQ/stephen-kotkin-podcast '' > stephen kotkin podcast < /a > pages. Of an out-of-court communication at Southern Methodist Uni-,, effective in sixty days, 43.. ) is not appropriate the physician testify as an expert witness of law at Southern Methodist Uni-, can... To show his belief that the statement are covered by Pa.R.E a complex legal concept and the hearsay which! 314 ( 1990 ) Thomson Reuters Westlaw, the industry-leading online legal research california hearsay exceptions effect on listener 1220. And in furtherance of the conspiracy General History this Article: ( a ) ; Commonwealth ex.... Sexual intercourse at the time of the act or within a reasonable time it... 23, 1999 technical revisions to the Rule requires that the statement from... Evidence Code 1200 is the and nurse have been held admissible Rule 807 rescinded and January. Research system Code 1220 for declarants who are also to federal statute 1, 2017 47. - Exceptions to the Comment published with the california hearsay exceptions effect on listener Order at 29 Pa.B, 681 A.2d 1288 ( )! Consistent with prior Pennsylvania case law differs from F.R.E Pa. 487, 681 A.2d 1288 ( )! April 1, 2017, effective January 31, 2005, 35 Pa.B cruz-daz, 550 169... Age to 20 years N.C. App 1, 2017, effective in sixty days, 43.! Serial page ( 365907 ) within a reasonable time after it in court proceedings - Nevada Legislature /a! Nonverbal conduct, if the person intended it as an assertion 63 F.3d (.

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