Although the statement of a "speaking agent" can be imputed to an employee's employer or an agent's principal and can be a vicarious admission that is exempt from the prohibition against hearsay, such an employee or agent must in fact have been authorized by the employer or principal to speak on behalf of the employer or principal. This is necessary if the basis of the imputation of the employee's or agent's statement to the employer or principal is that the employee or agent was a "speaking agent."

United States v. Young, 105 F.3d 1, 9 (1st Cir. 1997) (upholding trial court's admission of the turret tape as a Rule 801(d)(1)(B) prior consistent statement because "[the officer's] statement on the tape was....A prior statement of a witness is exempt from the prohibition against hearsay evidence if the prior statement is consistent with the witness' testimony at the trial or hearing at which the prior statement is offered, the prior statement is offered to rebut a express or implied charge of recent fabrication or motive, and the witness who made the prior statement testifies and is subject to cross-examination at the trial or hearing at which the prior statement is offered.

Fed. R. Evid. 403 ("Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.").The trial court may exclude relevant evidence if the probative value of evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Fed. R. Evid. 404 advisory committee's note ("The argument is made that circumstantial use of character ought to be allowed in civil cases to the same extent as in criminal cases, i.e. evidence of good....The prohibition in Federal Rule of Evidence 404(b)'s prohibition against the use of other crimes, wrongs, or acts to show disposition, or character, to show conduct in accordance with disposition applies in civil actions as well as in criminal actions.