If the declarant is unavailable, Federal Rule of Evidence 804(b)(4) or a comparable State rules recognizes a hearsay exception for (A) A statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or (B) a statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared.

United States v. Munoz-Franco, 487 F.3d 25, 38-39 (1st Cir. 2007) (upholding trial court's ruling which allowed the use of the minutes of a board and executive committee which did not violate defendants' rights under the....no

Cleveland v. KFC National Management Co., 948 F. Supp. 62, 65 (N.D. Ga. 1996) (holding, in employee's action against employer for sexual harassment, that evidence of employer's past sexual misconduct was probative as it corroborated plaintiff's story ).Federal Rule of Evidence 415 and comparable rules in some states create an exception to the prohibition against "circumstantial" character evidence, the prohibition in Federal Rule against the use of character to show conduct. Rules such as Rule 415 provide that in a civil action which a claim rests on a party's alleged conduct constituting a criminal sexual assault or child molestation, evidence of that party's commission of another offense or offenses of sexual assault or child molestation is relevant and admissible.

Fed. R. Evid. 801(a)(2) ("A 'statement' is ... (2) nonverbal conduct of a person, if it is intended by the person as an assertion.").Nonverbal conduct can be a "statement" for purposes of the federal prohibition against hearsay and, thus, nonverbal conduct can be "hearsay."