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In this paper, I extend on Millers recent discussion of the attribution of agency. I argue that the attribution model doesnt adequately account for the role played by after-the-fact discourses used to evaluate discursive interaction, for example, when an utterance is evaluated in a legal setting. I use the excited utterance exception to hearsay from American evidence law to argue that agency is produced as a feature of entextualization, or practices of text production.