The evidentiary requirement for the admissibility of evidence of another crime or wrong is unsettled; for example, whether the evidence of another crime must be clear and convincing or whether the evidence must only be sufficient to show that the other crime occurred is unsettled.

Battle v. Memorial Hospital at Gulfport, 228 F.3d 544, 552-553 (5th Cir. 2000) (holding, in plaintiffs' medical malpractice action against defendant physicians and hospital, that Lakeman's deposition was erroneously excluded and should....The hearsay exception for former testimony can apply even if the issues in the former proceeding were not the same or were not substantially the same as the issues in the proceeding in which the former testimony is offered.

United States v. Johnson, 440 F.3d 832, 846-847 (6th Cir. 2006) (upholding trial court's admission of Stone's statements [which were recorded surreptitiously by Hardin at the behest of the government] as statements against....Federal Rule of Evidence of Evidence 804(b)(3) or a comparable State rule creates a hearsay exception for a statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

Forrest v. Beloit Corp., 424 F.3d 344, 356 (3d Cir. 2005) (personal injury resulting from accident at paper mill; "There is little doubt that as a general matter evidence concerning the absence of prior accidents can satisfy the relevance threshold established by Rule 402. Courts have indicated that such...To be admissible, the absence of other similar events or accidents must be relevant and not unduly prejudicial