The prohibition against circumstantial character evidence applies to non-parties.

David v. Pueblo Supermarket of St. Thomas, 740 F.2d 230, 235 (3d Cir. 1984) (holding, in plaintiff pregnant shopper's negligence action against defendant supermarket chain owner/operator for damages, that the trial court properly....A statement falls within the hearsay exception provided by Federal Rule of Evidence 803(2) only if the statement is related to a startling event or condition.

United States v. Avants, 367 F.3d 433, 443-444 (5th Cir. 2004) (upholding trial court's admission of the 1966 preliminary hearing testimony through Rule 804(b)(1) because the "Rule require[d] that....The hearsay exception for prior testimony applies only if testimony was in fact previously given.

Cf. United States v. Walker, 410 F.3d 754, 758 (5th Cir. 2005) (upholding trial court's exclusion into evidence of the videotaped statement to the police under the residual hearsay exception because declarant had every....A statement is admissible under the hearsay exception created by Federal Rule of Evidence 807 or a comparable State rule only if circumstantial evidence shows that the affected statement is as trustworthy as the statements that are made admissible by the hearsay exceptions created by Federal Rules of Evidence 803 and 804 or by comparable State rules.