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.

United States v. Hilgeford, 7 F.3d 1340, 1345-1346 (7th Cir. 1993) (upholding trial court's admission into evidence of accused's prior failed litigation involving his farms where such evidence demonstrated accused's knowledge that "returns, premised as they are on his ownership of the property, were...Evidence of a criminal or wrongful act apart from the act that at issue at trial Is not barred by the prohibition against circumstantial use of character if intent, knowledge, mistake, or accident is a legally-material factual issue, the opposing party suggests the non-existence of knowledge or urges mistake or accident as a defense, and evidence of another crime, wrong, or act is offered to prove the knowledge or the absence of mistake or accident by a criminal defendant or other person.

Kanida v. Gulf Coast Medical Personnel, LP, 363 F.3d 568, 582 (5th Cir. 2004) (holding, in employee's action against employer for retaliation under Fair Labor Standards Act, that testimony of co-worker on employer's reaction to plaintiff's claim for overtime compensation was inadmissible character...The prohibition against circumstantial use of character -- the use of character or disposition to show conduct on a particular occasion -- applies in trials of civil actions.

Fed. R. Evid. 405(a) & (b) ("(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. (b)...When an exception to the character evidence prohibition makes evidence of a criminal defedant's character admissible, the testimony of a witness on direct examination about the defendant's character must take the form of reputation or opinion and it cannot consist of specific instances of the defendant's conduct.