For mock trial, the case is STATE OF WASHINGTON, Plaintiff, vs. SYDNEY CARDEN, Defendant.
Two of the witnesses are Sam Drucker (plaintiff witness), a manager for a local thrift store, and Kahuna Thornhill (defense witness), an assistant manager and employee.
The trouble I have is in understanding what "agent of the party" really means. Thornhill is trying to get a statement made by Drucker in. However, the opponent party is the state, and the state did not make the statement. The manager of the store made the statement. Because Drucker is a witness for the state, can he qualify as an agent for the state? Because then, we can go to the agent-employee relationship matter.
The line in question is
But Drucker chewed me out about being late (five minutes, to be exact) and abruptly told me to start my opening shift rounds (41.38-42.2).
I just need to get into evidence that Thornhill was told to start his opening shift rounds. It doesn't seem like too much of a hearsay problem, but is 801d2D or some different rule an exception for this case?