Federal Rule of Evidence 803(13) creates a hearsay exception for statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

Fed. R. Evid. 403 ("Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice...").The trial court may exclude relevant and probative evidence if the risk of prejudice from the evidence substantially outweighs the probative value of the evidence.

Desert Palace, Inc. v. Costa, 539 U.S. 90, 92 (2003) ("The question before us in this case is whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991 (1991...Indirect evidence of motive is admissible and sufficient in federal discrimination cases to show discriminatory motive.

Cf. United States v. Shryock, 342 F.3d 948, 981 (9th Cir. 2003) (upholding trial court's exclusion of Hernandez's statement [that he shot the victims in self-defense] as not against his penal interest because the statement....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.