§ 90.101 Short title
§ 90.102 Construction
§ 90.103 Scope; applicability
§ 90.104 Rulings on evidence
§ 90.105 Preliminary questions
§ 90.106 Summing up and comment by judge
§ 90.107 Limited admissibility
§ 90.108 Introduction of related writings or recorded statements
§ 90.201 Matters which must be judicially noticed
§ 90.202 Matters which may be judicially noticed
§ 90.203 Compulsory judicial notice upon request
§ 90.204 Determination of propriety of judicial notice and nature of matter noticed
§ 90.205 Denial of a request for judicial notice
§ 90.206 Instructing jury on judicial notice
§ 90.207 Judicial notice by trial court in subsequent proceedings
§ 90.301 Presumption defined; inferences
§ 90.302 Classification of rebuttable presumptions
§ 90.303 Presumption affecting the burden of producing evidence defined
§ 90.304 Presumption affecting the burden of proof defined
§ 90.401 Definition of relevant evidence
§ 90.402 Admissibility of relevant evidence
§ 90.4025 Admissibility of paternity determination in certain criminal prosecutions
§ 90.4026 Statements expressing sympathy; admissibility; definitions
§ 90.403 Exclusion on grounds of prejudice or confusion
§ 90.404 Character evidence; when admissible
§ 90.405 Methods of proving character
§ 90.406 Routine practice
§ 90.407 Subsequent remedial measures
§ 90.408 Compromise and offers to compromise
§ 90.409 Payment of medical and similar expenses
§ 90.410 Offer to plead guilty; nolo contendere; withdrawn pleas of guilty
§ 90.501 Privileges recognized only as provided
§ 90.5015 Journalist’s privilege.
§ 90.502 Lawyer-client privilege
§ 90.5021 Fiduciary lawyer-client privilege
§ 90.503 Psychotherapist-patient privilege
§ 90.5035 Sexual assault counselor-victim privilege
§ 90.5036 Domestic violence advocate-victim privilege
§ 90.5037 Human trafficking victim advocate-victim privilege
§ 90.504 Husband-wife privilege
§ 90.505 Privilege with respect to communications to clergy
§ 90.5055 Accountant-client privilege
§ 90.506 Privilege with respect to trade secrets
§ 90.507 Waiver of privilege by voluntary disclosure
§ 90.508 Privileged matter disclosed under compulsion or without opportunity to claim privilege
§ 90.509 Application of privileged communication
§ 90.510 Privileged communication necessary to adverse party
§ 90.601 General rule of competency
§ 90.603 Disqualification of witness
§ 90.604 Lack of personal knowledge
§ 90.605 Oath or affirmation of witness
§ 90.606 Interpreters and translators
§ 90.6063 Interpreter services for deaf persons
§ 90.607 Competency of certain persons as witnesses
§ 90.608 Who may impeach
§ 90.609 Character of witness as impeachment
§ 90.610 Conviction of certain crimes as impeachment
§ 90.611 Religious beliefs or opinions
§ 90.612 Mode and order of interrogation and presentation
§ 90.613 Refreshing the memory of a witness
§ 90.614 Prior statements of witnesses
§ 90.615 Calling witnesses by the court
§ 90.616 Exclusion of witnesses
§ 90.701 Opinion testimony of lay witnesses
§ 90.702 Testimony by experts
§ 90.703 Opinion on ultimate issue
§ 90.704 Basis of opinion testimony by experts
§ 90.705 Disclosure of facts or data underlying expert opinion
§ 90.706 Authoritativeness of literature for use in cross-examination
§ 90.801 Hearsay; definitions; exceptions
§ 90.802 Hearsay rule
§ 90.803 Hearsay exceptions; availability of declarant immaterial
§ 90.804 Hearsay exceptions; declarant unavailable
§ 90.805 Hearsay within hearsay
§ 90.806 Attacking and supporting credibility of declarant
§ 90.901 Requirement of authentication or identification
§ 90.902 Self-authentication
§ 90.903 Testimony of subscribing witness unnecessary
§ 90.91 Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner
§ 90.951 Definitions
§ 90.952 Requirement of originals
§ 90.953 Admissibility of duplicates
§ 90.954 Admissibility of other evidence of contents
§ 90.955 Public records
§ 90.956 Summaries
§ 90.957 Testimony or written admissions of a party
§ 90.958 Functions of court and jury

Terms Used In Florida Statutes > Chapter 90 - Evidence Code

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Commission: means the Fish and Wildlife Conservation Commission created in…. See Florida Statutes 161.71
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the Florida Oceans and Coastal Council created by this act. See Florida Statutes 161.71
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Environmental Protection. See Florida Statutes 161.71
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the executive director of the Fish and Wildlife Conservation Commission. See Florida Statutes 161.71
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • oath: includes affirmations. See Florida Statutes 1.01
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oceans: means those waters from the mean high-water line outward to the state's jurisdictional boundary and those United States waters in which this state has an interest. See Florida Statutes 161.71
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 1.01
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Secretary: means the secretary of the Department of Environmental Protection. See Florida Statutes 161.71
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Verdict: The decision of a petit jury or a judge.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01