The extent to which and the manner in which a similarity of circumstances requirement applies to experiments, simulations, re-enactments, day-in-the-life films, other moving images, other visual representations or images, and similar matters

United States v. Turning Bear, 357 F.3d 730, 733-734 (8th Cir. 2004) (conviction for aggravated sexual abuse of his son and daughter; accused challenged the trial court's exclusion of testimony from a foster care parent who saw the son on a daily basis for four to six months, and that in her opinion, the...Under some circumstances untruthfulness is admissible to impeach a witness.

Cf. Pennsylvania v. Ritchie, 480 U.S. 39, 58 (1987) (accused charged with sexual offenses against his daughter; held, accused had constitutional right "to have the CYS [Children and Youth Services] file [which was confidential under state law] reviewed by the trial court to determine whether it...A nonconstitutional privilege sometimes must yield to a criminal defendant's Sixth Amendment right to confront and cross-examine an adverse witness in a criminal trial. A nonconstitutional privilege privilege may have to yield to a criminal defendant's Confrontation Right when the privilege shields evidence or facts (particularly evidence or facts showing bias) that have significant probative value on the credibility of an adverse witness in a criminal trial who testifies about material facts in issue.

Malek v. Federal Insurance Co., 994 F.2d 49, 53 (2d Cir. 1993) (holding, in plaintiff insureds' action against defendant insurers for recovery of proceeds of a fire insurance policy, that the trial court erroneously....The hearsay exception for "business records" recognized by Federal Rule of Evidence 803(6) or a comparable State rule applies only if the record was made at or near the time of the events it records.