Florida Statutes Title VII Chapter 90 - Evidence Code

• 90.101 - Short Title.
  This chapter shall be known and may be cited as the “Florida Evidence Code.”History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361;...
• 90.102 - Construction.
  This chapter shall replace and supersede existing statutory or common law in conflict with its provisions.History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22,...
• 90.103 - Scope; Applicability.
  (1) Unless otherwise provided by statute, this code applies to the same proceedings that the general law of evidence applied to before the effective date of...
• 90.104 - Rulings On Evidence.
  (1) A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when...
• 90.105 - Preliminary Questions.
  (1) Except as provided in subsection (2), the court shall determine preliminary questions concerning the qualification of a person to be a witness, the existence of...
• 90.106 - Summing Up And Comment By Judge.
  A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or...
• 90.107 - Limited Admissibility.
  When evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted,...
• 90.108 - Introduction Of Related Writings Or Recorded Statements.
  (1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time...
• 90.201 - Matters Which Must Be Judicially Noticed.
  A court shall take judicial notice of:(1) Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.(2) Florida...
• 90.202 - Matters Which May Be Judicially Noticed.
  A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:(1) Special, local, and private acts...
• 90.203 - Compulsory Judicial Notice Upon Request.
  A court shall take judicial notice of any matter in s. 90.202 when a party requests it and:(1) Gives each adverse party timely written notice of...
• 90.204 - Determination Of Propriety Of Judicial Notice And Nature Of Matter Noticed.
  (1) When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such notice and...
• 90.205 - Denial Of A Request For Judicial Notice.
  Upon request of counsel, when a court denies a request to take judicial notice of any matter, the court shall inform the parties at the...
• 90.206 - Instructing Jury On Judicial Notice.
  The court may instruct the jury during the trial to accept as a fact a matter judicially noticed.History.—s. 1, ch. 76-237; s. 1, ch. 77-77;...
• 90.207 - Judicial Notice By Trial Court In Subsequent Proceedings.
  The failure or refusal of a court to take judicial notice of a matter does not preclude a court from taking judicial notice of the...
• 90.301 - Presumption Defined; Inferences.
  (1) For the purposes of this chapter, a presumption is an assumption of fact which the law makes from the existence of another fact or group...
• 90.302 - Classification Of Rebuttable Presumptions.
  Every rebuttable presumption is either:(1) A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed...
• 90.303 - Presumption Affecting The Burden Of Producing Evidence Defined.
  In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular action in which...
• 90.304 - Presumption Affecting The Burden Of Proof Defined.
  In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof.History.—s. 1, ch. 76-237; s. 1,...
• 90.401 - Definition Of Relevant Evidence.
  Relevant evidence is evidence tending to prove or disprove a material fact.History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1,...
• 90.402 - Admissibility Of Relevant Evidence.
  All relevant evidence is admissible, except as provided by law.History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
• 90.4025 - Admissibility Of Paternity Determination In Certain Criminal Prosecutions.
  If a person less than 18 years of age gives birth to a child and the paternity of that child is established under chapter 742,...
• 90.4026 - Statements Expressing Sympathy; Admissibility; Definitions.
  (1) As used in this section:(a) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful...
• 90.403 - Exclusion On Grounds Of Prejudice Or Confusion.
  Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless...
• 90.404 - Character Evidence; When Admissible.
  (1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion,...
• 90.405 - Methods Of Proving Character.
  (1) REPUTATION.—When evidence of the character of a person or of a trait of that person’s character is admissible, proof may be made by testimony about...
• 90.406 - Routine Practice.
  Evidence of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is admissible to prove that the...
• 90.407 - Subsequent Remedial Measures.
  Evidence of measures taken after an injury or harm caused by an event, which measures if taken before the event would have made injury or...
• 90.408 - Compromise And Offers To Compromise.
  Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made...
• 90.409 - Payment Of Medical And Similar Expenses.
  Evidence of furnishing, or offering or promising to pay, medical or hospital expenses or other damages occasioned by an injury or accident is inadmissible to...
• 90.410 - Offer To Plead Guilty; Nolo Contendere; Withdrawn Pleas Of Guilty.
  Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime...
• 90.501 - Privileges Recognized Only As Provided.
  Except as otherwise provided by this chapter, any other statute, or the Constitution of the United States or of the State of Florida, no person...
• 90.5015 - Journalist’s Privilege.
  (1) DEFINITIONS.—For purposes of this section, the term:(a) “Professional journalist” means a person regularly engaged in collecting, photographing, recording, writing, editing, reporting, or publishing news, for gain...
• 90.502 - Lawyer-client Privilege.
  (1) For purposes of this section:(a) A “lawyer” is a person authorized, or reasonably believed by the client to be authorized, to practice law in any state...
• 90.5021 - Fiduciary Lawyer-client Privilege.
  (1) For the purpose of this section, a client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss....
• 90.503 - Psychotherapist-patient Privilege.
  (1) For purposes of this section:(a) A “psychotherapist” is:1. A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to...
• 90.5035 - Sexual Assault Counselor-victim Privilege.
  (1) For purposes of this section:(a) A “rape crisis center” is any public or private agency that offers assistance to victims of sexual assault or sexual battery...
• 90.5036 - Domestic Violence Advocate-victim Privilege.
  (1) For purposes of this section:(a) A “domestic violence center” is any public or private agency that offers assistance to victims of domestic violence, as defined in...
• 90.504 - Husband-wife Privilege.
  (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended...
• 90.505 - Privilege With Respect To Communications To Clergy.
  (1) For the purposes of this section:(a) A “member of the clergy” is a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or...
• 90.5055 - Accountant-client Privilege.
  (1) For purposes of this section:(a) An “accountant” is a certified public accountant or a public accountant.(b) A “client” is any person, public officer, corporation, association, or other...
• 90.506 - Privilege With Respect To Trade Secrets.
  A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the...
• 90.507 - Waiver Of Privilege By Voluntary Disclosure.
  A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person’s predecessor...
• 90.508 - Privileged Matter Disclosed Under Compulsion Or Without Opportunity To Claim Privilege.
  Evidence of a statement or other disclosure of privileged matter is inadmissible against the holder of the privilege if the statement or disclosure was compelled...
• 90.509 - Application Of Privileged Communication.
  Nothing in this act shall abrogate a privilege for any communication which was made prior to July 1, 1979, if such communication was privileged at...
• 90.510 - Privileged Communication Necessary To Adverse Party.
  In any civil case or proceeding in which a party claims a privilege as to a communication necessary to an adverse party, the court, upon...
• 90.601 - General Rule Of Competency.
  Every person is competent to be a witness, except as otherwise provided by statute.History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361,...
• 90.603 - Disqualification Of Witness.
  A person is disqualified to testify as a witness when the court determines that the person is:(1) Incapable of expressing himself or herself concerning the matter...
• 90.604 - Lack Of Personal Knowledge.
  Except as otherwise provided in s. 90.702, a witness may not testify to a matter unless evidence is introduced which is sufficient to support a...
• 90.605 - Oath Or Affirmation Of Witness.
  (1) Before testifying, each witness shall declare that he or she will testify truthfully, by taking an oath or affirmation in substantially the following form: “Do...
• 90.606 - Interpreters And Translators.
  (1)(a) When a judge determines that a witness cannot hear or understand the English language, or cannot express himself or herself in English sufficiently to be...
• 90.6063 - Interpreter Services For Deaf Persons.
  (1) The Legislature finds that it is an important concern that the rights of deaf citizens be protected. It is the intent of the Legislature to...
• 90.607 - Competency Of Certain Persons As Witnesses.
  (1)(a) Except as provided in paragraph (b), the judge presiding at the trial of an action is not competent to testify as a witness in that...
• 90.608 - Who May Impeach.
  Any party, including the party calling the witness, may attack the credibility of a witness by:(1) Introducing statements of the witness which are inconsistent with the...
• 90.609 - Character Of Witness As Impeachment.
  A party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation, except that:(1) The evidence may...
• 90.610 - Conviction Of Certain Crimes As Impeachment.
  (1) A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the...
• 90.611 - Religious Beliefs Or Opinions.
  Evidence of the beliefs or opinions of a witness on matters of religion is inadmissible to show that the witness’s credibility is impaired or enhanced...
• 90.612 - Mode And Order Of Interrogation And Presentation.
  (1) The judge shall exercise reasonable control over the mode and order of the interrogation of witnesses and the presentation of evidence, so as to:(a) Facilitate, through...
• 90.613 - Refreshing The Memory Of A Witness.
  When a witness uses a writing or other item to refresh memory while testifying, an adverse party is entitled to have such writing or other...
• 90.614 - Prior Statements Of Witnesses.
  (1) When a witness is examined concerning the witness’s prior written statement or concerning an oral statement that has been reduced to writing, the court, on...
• 90.615 - Calling Witnesses By The Court.
  (1) The court may call witnesses whom all parties may cross-examine.(2) When required by the interests of justice, the court may interrogate witnesses, whether called by the...
• 90.616 - Exclusion Of Witnesses.
  (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so...
• 90.701 - Opinion Testimony Of Lay Witnesses.
  If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference...
• 90.702 - Testimony By Experts.
  If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a...
• 90.703 - Opinion On Ultimate Issue.
  Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the...
• 90.704 - Basis Of Opinion Testimony By Experts.
  The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at...
• 90.705 - Disclosure Of Facts Or Data Underlying Expert Opinion.
  (1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give reasons without prior disclosure of the underlying...
• 90.706 - Authoritativeness Of Literature For Use In Cross-examination.
  Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other...
• 90.801 - Hearsay; Definitions; Exceptions.
  (1) The following definitions apply under this chapter:(a) A “statement” is:1. An oral or written assertion; or2. Nonverbal conduct of a person if it is intended by the person...
• 90.802 - Hearsay Rule.
  Except as provided by statute, hearsay evidence is inadmissible.History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
• 90.803 - Hearsay Exceptions; Availability Of Declarant Immaterial.
  The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness:(1) SPONTANEOUS...
• 90.804 - Hearsay Exceptions; Declarant Unavailable.
  (1) DEFINITION OF UNAVAILABILITY.—“Unavailability as a witness” means that the declarant:(a) Is exempted by a ruling of a court on the ground of privilege from testifying concerning...
• 90.805 - Hearsay Within Hearsay.
  Hearsay within hearsay is not excluded under s. 90.802, provided each part of the combined statements conforms with an exception to the hearsay rule as...
• 90.806 - Attacking And Supporting Credibility Of Declarant.
  (1) When a hearsay statement has been admitted in evidence, credibility of the declarant may be attacked and, if attacked, may be supported by any evidence...
• 90.901 - Requirement Of Authentication Or Identification.
  Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to...
• 90.902 - Self-authentication.
  Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for:(1) A document bearing:(a) A seal purporting to be that of the United States...
• 90.903 - Testimony Of Subscribing Witness Unnecessary.
  The testimony of a subscribing witness is not necessary to authenticate a writing unless the statute requiring attestation requires it.History.—s. 1, ch. 76-237; s. 1,...
• 90.91 - Photographs Of Property Wrongfully Taken; Use In Prosecution, Procedure; Return Of Property To Owner.
  In any prosecution for a crime involving the wrongful taking of property, a photograph of the property alleged to have been wrongfully taken may be...
• 90.951 - Definitions.
  For purposes of this chapter:(1) “Writings” and “recordings” include letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photography, magnetic impulse,...
• 90.952 - Requirement Of Originals.
  Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or...
• 90.953 - Admissibility Of Duplicates.
  A duplicate is admissible to the same extent as an original, unless:(1) The document or writing is a negotiable instrument as defined in s. 673.1041, a...
• 90.954 - Admissibility Of Other Evidence Of Contents.
  The original of a writing, recording, or photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible...
• 90.955 - Public Records.
  (1) The contents of an official record or of a document authorized to be recorded or filed, and actually recorded or filed, with a governmental agency,...
• 90.956 - Summaries.
  When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form...
• 90.957 - Testimony Or Written Admissions Of A Party.
  A party may prove the contents of writings, recordings, or photographs by the testimony or deposition of the party against whom they are offered or...
• 90.958 - Functions Of Court And Jury.
  (1) Except as provided in subsection (2), when the admissibility under this chapter of other evidence of the contents of writings, recordings, or photographs depends upon...

Last modified: September 23, 2016