Another act, wrong, or crime is not barred by the character evidence rule if it is offered to show ability or opportunity or lack of ability or opportunity to commit a crime or other act, or to show person's presence or absence at scene of crime or elsewhere.

United States v. Paredes-Rodriguez, 160 F.3d 49, 57-58 (1st Cir. 1998) (upholding trial court's admission of investigating agent's testimony about trooper's out-of-court identification since "the premise for Rule 801(d)(1)(C) was....Does the failure of memory by the time of trial of the witness who made a pretrial identification render the witness unavailable for cross-examination for purposes of the hearsay exemption or exception for pretrial identifications?

United States v. Miles, 290 F.3d 1341, 1352-1353 (11th Cir. 2002) (upholding trial court's admission of witness Montcalm's former testimony because "it is clear that [defendant] had precisely the same interest in....The hearsay exception for prior testimony applies in a criminal case only if the if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony in the prior proceeding by direct, cross, or redirect examination. The exception applies in a civil action or proceeding only if the party against whom the testimony is now offered or a predecessor in interest had an opportunity and similar motive in the prior proceeding to develop the testimony by direct, cross, or redirect examination.

Fairshter v. National Red Cross, 322 F. Supp. 646, pin? (E.D. Va. 2004).When offered in civil actions, other similar events generally do not constitute character, or propensity, and are therefore not barred by the character rule, which prohibits the use of a person's character or propensity to show that person's conduct.