2d DCA 1995) (Authentication or indemnification of evidence is required as condition precedent to its admissibility evidence may be authenticated either by using extrinsic evidence or by showing that it meets requirements for self-authentication). Florida Statutes Sections 90.901-90.954, Mills v. I.Ěuthentication and Introduction of Documents and Photographs. 1994) (Hearsay rule prevents admission of out-of-court statements to prove fact through extrajudicial statements, but out-of-court statement may be admitted for a purpose other than proving truth of matter asserted if statement is relevant to prove a material fact and is not outweighed by any prejudice). Florida Statutes Sections 90.801-90.806, Peterka v. 2d DCA 1995)(Expert may base opinions on facts which are not necessarily admissible evidence, but expert witness may not be used as a conduit to introduce otherwise inadmissible hearsay). Florida Statutes Sections 90.701-90.706, State v.
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4th DCA 1996) (Competency of witness to testify is determination left to sound discretion of trial court, and absent abuse of discretion, trial court’s decision will not be disturbed). Florida Statutes Section 90.601-90.616, Baker v.
Witnesses Who May Testify and Exclusion of Witnesses. 2d DCA 1984) (Privileges in Florida are no longer creatures of judicial decision rather, they are statutorily limited).į. Florida Statutes Section 90.501-90.510, State v. 1st DCA 1993) (Relevancy determinations are within trial court’s discretion and absent clear abuse of discretion such rulings will not be overturned).Į. Florida Statutes Sections 90.401-90.410, Howard v. Relevant Evidence and Admissibility of Certain Types of Evidence. 4th DCA 1982) (Presumptions that affect the burden of producing evidence facilitate determination of issues and negate the necessity of proof absent contradictory evidence).ĭ. Florida Statutes Sections 90.301-90.304, Insurance Co.
2nd DCA 1992) (Stipulation alone does not provide evidentiary basis for judicial notice of evidence not otherwise properly before the court).Ĭ. 5th DCA 1980) (Judicial notice may be taken of matters that are commonly known, but may not be used to dispense with proof of essential facts that are not judicially cognizable) Carson v. Florida statutes Sections 90.201-90.207, McDaniels v. 389 So.2d 1108 (Failure to object at trial contemporaneously with admission of contested evidence is waiver of right to appellate review of issue).ī. Florida Statutes Section 90.104, DeLuca v. This outline discusses some of the Evidence Rules, cases and trial objections that you should familiarize yourself with before starting trial.Ī. The best way to learn the Rules is to read them, then apply what you have learned. Failure to fully understand the Rules will place your client at a disadvantage and it helps your opponent while aggravating the judge in your case.
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A trial attorney must be able to understand the Rules of Evidence and know how to use them. To be successful in trial, you should know your Rules like the back of your hand.
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