Although a character witness who testifies to the reputation of another person or gives an opinion of the character of another person cannot testify to specific instances of that person's conduct to bolster the character witness's testimony, an opposing party may question the character witness about specific instances of the person's conduct to show that the character witness' testimony about the character of the person was not well-founded.

Cf. United States v. Hunt, 521 F.3d 636, 643 (6th Cir. 2008) (upholding trial court's exclusion of two statements in Noble's affidavit because the statements were not admissible under the residual hearsay exception as they lacked trustworthiness ).A statement not specifically covered by Federal Rule of Evidence 803 or 804 or by comparable State rules, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence.

Zubulake v. UBS Warburg LLC, 382 F. Supp. 2d 536, 542-543 (S.D.N.Y. 2005) (holding, in an employment discrimination case, that evidence of employee's performance appraisal was inadmissible as habit evidence because her "insubordination at two securities firms [was] not of sufficient frequency...If behavior is largely volitional rather than semi-volitional or semi-automatic, it is hot habit.

Cf. United States v. Dixon, 413 F.3d 520, 525 (5th Cir. 2005) (upholding trial court's exclusion of the inculpatory statements of defendant's boyfriend to an ATF agent because of "a major inconsistency between....If a statement is offered against a criminal defendant, the statement qualifies as a statement against interest for purposes of the federal hearsay exception for statements against interest only if there is corroborating evidence of the trustworthiness of the statement.