The 2023 Florida Statutes (including Special Session C)
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. . . the admission of an excited utterance, the procedures for preliminary questions outlined in section 90.105 . . .
. . . See § 90.105(1), Fla. Stat. (2013); Morrison v. . . . Section 90.105(1) “imposes the responsibility of determining preliminary questions as to the admissibility . . .
. . . statement as an excited utterance is a preliminary fact for the court to determine pursuant to Section 90.105 . . .
. . . . § 90.105(b). . . .
. . . to suppress, but it was actually a preliminary hearing that should have been conducted under section 90.105 . . .
. . . fact to be determined by the trial judge based on a preponderance of the evidence, pursuant to section 90.105 . . . offer no analysis or authority to support such a proposition, which is clearly contrary to section 90.105 . . .
. . . . § 90.105(1), Fla. Stat. (2010). . . .
. . . determine preliminary questions concerning the admissibility of the recommendation pursuant to section 90.105 . . .
. . . . § 90.105. Plaintiff has not alleged the property at issue is subject to Chapter 90. . . .
. . . See § 90.105(1), Fla. Stat. (2002); Charles W. . . .
. . . . § 90.105(1), Fla. Stat. (1995). . . .
. . . Consistent with section 90.105, Florida Statutes (2001), it was the plaintiffs’ burden to prove outside . . .
. . . falls within the category of conditional relevancy and is governed by the procedure set forth in § 90.105 . . .
. . . Section 90.105(1), Florida Statutes (2008), is similar to federal rule 104(a) but omits the one sentence . . . Section 90.105(1) provides that "[e]xcept as provided in subsection (2), the court shall determine preliminary . . .
. . . form of an opinion, two preliminary factual determinations must be made by the court under section 90.105 . . .
. . . See § 90.105, Fla. Stat. . . .
. . . form of an opinion, two preliminary factual determinations must be made by the court under section 90.105 . . .
. . . former testimony is a preliminary question “concerning ... the admissibility of evidence” under section 90.105 . . .
. . . the statement as an excited utterance is a preliminary fact for the court to determine pursuant to § 90.105 . . .
. . . the admission of an excited utterance, the procedures for preliminary questions outlined in section 90.105 . . . This is not a situation of conditional relevance governed by section 90.105(2), Florida Statutes (2002 . . . 107 S.Ct. 2775, 97 L.Ed.2d 144 (1987) (holding Federal Rule of Evidence 104(a), upon which section 90.105 . . .
. . . on facts outside the ordinary experience of the jury and were, therefore, admissible under section 90.105 . . . may render an opinion, two preliminary factual determinations must be made by the court under section 90.105 . . . Here, both requirements of section 90.105 were fully satisfied with respect to the testimony of the medical . . .
. . . form of an opinion, two preliminaiy factual determinations must be made by the court under section 90.105 . . .
. . . must make a preliminary factual determination of the admissibility of evidence pursuant to section 90.105 . . .
. . . See § 90.105(1), Fla. . . . ’s interpretation of Rule 104(a) is persuasive authority as to the proper interpretation of section 90.105 . . .
. . . See § 90.105(1), Fla. Stat. (1999). . . .
. . . See §§ 90.104(2); 90.105, Fla.Stat. (1997). . . .
. . . See § 90.105(1), Fla. Stat. (1997). . . .
. . . .%., § 90.105(1), Fla. . . . .”); § 90.105(3), Fla. . . .
. . . See § 90.105(1), Fla. Stat. (1995). . . . Section 90.105(1) provides that it is the trial court which determines preliminary issues, including . . . In Bourjaily, analyzing Federal Rule of Evidence 104(a) (on which our Rule 90.105(1) is patterned), Chief . . . proof of the crime-fraud exception have discussed Rule 104(a), the federal counterpart of our Rule 90.105 . . .
. . . As a preliminary fact, pursuant to section 90.105, Florida Statutes (1995) (substantively identical to . . .
. . . See generally, § 90.105, Florida Statutes. . . .
. . . As a preliminary fact, pursuant to section 90.105, Florida Statutes (1991), the trial court found that . . .
. . . form of an opinion, two preliminary factual determinations must be made by the court under section 90.105 . . .
. . . See § 90.105(2), Fla.Stat. (1989). . . .
. . . wherein the United States Supreme Court viewed the issue under Federal Rule 104(b)— similar to section 90.105 . . .
. . . Section 90.105 states that the trial court shall determine preliminary questions concerning the admissibility . . .
. . . Florida Statute 90.105 provides “(1) Except as provided in subsection (2), the court shall determine . . . It is reasonable to conclude when reading Florida Statute 90.702 and Florida Statute 90.105 in pari materia . . .
. . . . § 90.105 Fla. Stat. (1987). . . .
. . . .; see §§ 90.105(2), 90.702, Fla. Stat. (1987). See generally Holsworth v. . . .
. . . Citing section 90.105(2), Florida Statutes, Searle requested the trial court to exercise its discretion . . . Section 90.105(2) provides: When the relevancy of evidence depends upon the existence of a preliminary . . .
. . . Corp., 368 So.2d 91, 92 (Fla. 3d DCA 1979); § 90.105(2) law revision council note, Fla.Stat.Ann. (1979 . . .
. . . State, 421 So.2d 725 (Fla. 4th DCA 1982), concluded that Florida Evidence Code section 90.105(1) was . . . The fourth district, in Saavedra, recognized that section 90.105(1) is patterned after Federal Evidence . . . authority to the contrary, we find the commentators’ arguments to be persuasive in construing section 90.105 . . . Section 90.105(1) provides in pertinent part that: "the court shall determine preliminary questions concerning . . .
. . . Morris, 143 Fla. 189, 196 So. 472 (1940); § 90.105(1), Fla.Stat. (1987); 4 Fla.Jur.2d Evidence and Witnesses . . .
. . . See sections 90.105 and 90.603(2), Florida Statutes (1981). . . .
. . . Chapter 90, Florida Statutes, 1979) is similar to the Federal Rules of Evidence in many respects; Section 90.105 . . .