Answer:

a. An exception to hearsay for statement made for medical purposes, Rule 803(4). It does not matter under this exception that the statement was not made to medical personnel.

b. Not hearsay at all, because it is a request rather than an assertion (weak response because the request contains the assertion that his back has never been injured).

(12) If Plaintiff submites this as a business record, what is the Defendant's best reply?

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