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Florida Statute 90.108 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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 to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section.
(2) The report of a court reporter, when certified to by the court reporter as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 2, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 472, ch. 95-147; s. 5, ch. 95-286.

F.S. 90.108 on Google Scholar

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Amendments to 90.108


Annotations, Discussions, Cases:

Cases Citing Statute 90.108

Total Results: 69

Ramirez v. State

739 So. 2d 568, 1999 WL 506949

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 1299437

Cited 246 times | Published

...The phrase "opening the door" has been utilized interchangeably with the rule of completeness. See, e.g., Larzelere v. State, 676 So.2d 394, 402 (Fla.1996). The rule of completeness, however, is a separate evidentiary concept that falls within the general principle of door-opening. Codified at section 90.108, Florida Statutes (1995), the rule of completeness provides that "[w]hen a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any...

Nollie Lee Martin v. Louie L. Wainwright

770 F.2d 918, 78 A.L.R. Fed. 515, 1985 U.S. App. LEXIS 21452

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 1985 | Docket: 594541

Cited 160 times | Published

...Lockett entitles a capital defendant to introduce all relevant mitigating evidence at sentencing, but does not entitle the defendant to pick and choose between portions of documents and records in an attempt to mislead the sentencer. Cf. Fla.Stat. Sec. 90.108 ("When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously."); accord, Fed.R.Evid....

Larzelere v. State

676 So. 2d 394, 1996 WL 137097

Supreme Court of Florida | Filed: Jul 11, 1996 | Docket: 1318100

Cited 83 times | Published

...e complete statements. At trial, the State introduced selected portions of taped statements the appellant and Jason made to police. Defense counsel objected to the introduction of this evidence and requested, under the "doctrine of completeness" and section 90.108, Florida Statutes (1991), that the entire tapes be introduced....
...tablished prejudice by the partial introduction of the tapes at that time. The judge stated that the defense could introduce the tapes in their entirety during its case-in-chief. The appellant argues that a showing of prejudice is not required, that section 90.108 allows an adverse party to require the contemporaneous introduction of the entire taped statements, and that the failure of the court to allow this testimony deprived appellant of a fair trial. Section 90.108, Florida Statutes (1991), provides in pertinent part: When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously....
...Even Correll must not have believed that the redacted portion was of great significance because he did not seek to introduce it in his case-in-chief, even though he presented several witnesses in his defense. See also Mulford v. State, 416 So.2d 1199, 1201 (Fla. 4th DCA 1982) (section 90.108 gives parties "only a qualified right to seek the admission" of an entire statement) (emphasis added); Ehrhardt, supra, § 108.1 at 35 ("Under ... section 90.108, the remainder to the document or writing is not automatically admissible when requested or offered by the adverse party."). Under a plain reading of the statute, parties may seek the introduction of other statements when those statements "in fairness ought to be considered contemporaneously" with the introduction of the partial statement. § 90.108, Fla....

Johnson v. State

608 So. 2d 4, 1992 WL 251396

Supreme Court of Florida | Filed: Oct 1, 1992 | Docket: 1732496

Cited 41 times | Published

...The prosecutor claimed that the "rule of completeness" permitted Smith's complete answer on redirect with regard to the defense of insanity. The trial court ruled that the defense opened the door to Smith's relating Johnson's statement to him. The rule of completeness is codified as section 90.108, Florida Statutes (1987), and applies to writings and recorded statements. "Although the language of section *10 90.108 does not cover testimony regarding part of a conversation, a similar consideration of the potential for unfairness may require the admission of the remainder of a conversation to the extent necessary to remove any potential for prejudice that may result from the original evidence being taken out of context." Charles W....

Mendoza v. State

700 So. 2d 670, 1997 WL 633315

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 1373107

Cited 38 times | Published

...tatement in attempting to impeach his trial testimony. We disagree. When one party presents part of a prior written or recorded statement, an adverse party may have the remainder of the statement introduced into evidence in the interest of fairness. § 90.108, Fla....
...rior sworn statement differed substantially from his trial testimony. The trial court then admitted the previous sworn statement insofar as it was consistent with the trial testimony. Under the circumstances, the prior statement was admissible under section 90.108, Florida Statutes (1991)....

Tavares David Calloway v. State of Florida

210 So. 3d 1160, 42 Fla. L. Weekly Supp. 45, 2017 WL 372058, 2017 Fla. LEXIS 192

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574073

Cited 31 times | Published

recording in the interest of fairness. H. (citing § 90.108(1), Fla. Stat. (2007)); 14 Reese v

Franqui v. State

699 So. 2d 1332, 1997 WL 369557

Supreme Court of Florida | Filed: Jul 3, 1997 | Docket: 1693938

Cited 30 times | Published

...Thus, under Williamson a nontestifying codefendant's confession which also implicates the defendant can be admitted in their joint trial only if it sensibly and fairly can be redacted to include only those statements which are solely self-inculpatory vis-a-vis the codefendant. See § 90.108, Fla....

Reese v. State

694 So. 2d 678, 1997 WL 123352

Supreme Court of Florida | Filed: Mar 20, 1997 | Docket: 1450002

Cited 27 times | Published

...The judge stated, "I agree with you, it might explain it, but that doesn't make it within the scope of what he brought out, though. That's why you have an opportunity to call witnesses to explain what they presented." We agree. This did not, as Reese alleges, violate the rule of completeness. Although that rule is defined at section 90.108, Florida Statutes (1995), to include only written or recorded statements, it is true that we have allowed the policy to apply to testimony as well....

In Re Amendments to Florida Rules of Criminal Procedure

536 So. 2d 992, 1988 WL 143602

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 2517246

Cited 27 times | Published

...l be governed by applicable rules of evidence and rules of criminal procedure. If a part of the report is used by the defendant, the State may request the production of any other portion of that report which, in fairness, ought to be considered. Cf, section 90.108, Florida Statutes (1976), Rule 1.330(6) Florida Rules Civil Procedure....

Evans v. State

808 So. 2d 92, 2001 WL 1585324

Supreme Court of Florida | Filed: Dec 13, 2001 | Docket: 1474375

Cited 24 times | Published

...Moreover, "[t]he admission of such testimony is subject to a judicial determination that the statements `"in fairness ought to be considered contemporaneously" with the introduction of the partial statements.'" Id. at 398 (quoting Larzelere, 676 So.2d at 402); see § 90.108(1), Fla....

Troy v. State

948 So. 2d 635, 2006 WL 2987627

Supreme Court of Florida | Filed: Oct 19, 2006 | Docket: 1773206

Cited 21 times | Published

...ain, limit or rebut the claim of remorse and to introduce evidence of additional aggravators using the same confession. See Ramirez v. State, 739 So.2d 568 (Fla.1999). However, while such a ruling appears to be an appropriate discretionary one under section 90.108(1) of the Florida Evidence Code, as well as under general concepts of evidentiary door opening, the legal precedent for it in a death penalty case is not clear....

Christopher v. State

583 So. 2d 642, 1991 WL 88743

Supreme Court of Florida | Filed: May 30, 1991 | Docket: 1684007

Cited 18 times | Published

...State, 425 So.2d 214 (Fla. 4th DCA 1983) (defendant's self-serving hearsay statement inadmissible). Therefore, unless this testimony was admissible under the rule of completeness, the testimony was inadmissible. The rule of completeness is codified in section 90.108, Florida Statutes (1987), which provides that when a "writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any *646 other part of any other writing or record...

Raleigh v. State

932 So. 2d 1054, 2006 WL 1491446

Supreme Court of Florida | Filed: Jun 1, 2006 | Docket: 1684763

Cited 15 times | Published

...Defense counsel introduced portions of Figueroa's statement during the cross-examination of investigator Horzepa. Once defense counsel opened the door, under the facts and circumstances of this case, the doctrine of completeness permitted the State to introduce the remainder of Figueroa's statement. See § 90.108(1), Fla....

Hoffman v. State

708 So. 2d 962, 1998 WL 95336

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 542582

Cited 14 times | Published

...he statement into evidence but neither counsel agreed with the idea. Third, appellant had the opportunity to introduce the tape during his own case which he also did not do. Appellant incorrectly asserts that the "rule of completeness" recognized in section 90.108, Florida Statutes (1997) should have allowed him to enter exculpatory portions of the tape that the state did not introduce....
...NOTES [1] The 1994 version of section 782.11 provides, "Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit a felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter..." [2] Section 90.108 states that "when a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement that in fairness ought to...

Jordan v. State

694 So. 2d 708, 1997 WL 182647

Supreme Court of Florida | Filed: Apr 17, 1997 | Docket: 1732711

Cited 14 times | Published

...tal nature of the shooting. Further, Tory told Officer Parks about his conversations with Jordan. The trial court would not allow Parks to testify, on cross-examination, as to the content of Jordan's second conversation with Tory. Jordan argues that section 90.108, Florida Statutes (1991), dictates that the trial judge erred in refusing to allow cross-examination as to the content of Jordan's second conversation with Tory....

Long v. State

610 So. 2d 1276, 1992 WL 289675

Supreme Court of Florida | Filed: Oct 15, 1992 | Docket: 1414013

Cited 10 times | Published

...It is well established that, when the State offers in evidence a part of a confession or admission, the accused, in the interest of fairness, is entitled to bring out the remainder of that confession or admission. This concept is expressly set forth in section 90.108, Florida Statutes (1987), which provides in part: When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously....

City of Jacksonville v. Smith

159 So. 3d 888, 2015 Fla. App. LEXIS 2703, 2015 WL 798154

District Court of Appeal of Florida | Filed: Feb 26, 2015 | Docket: 60246704

Cited 10 times | Published

of the rate or rate change.”). . See, e.g., § 90.108(1), Fla. Stat. ("When a writing or recorded statement

Vazquez v. State

700 So. 2d 5, 1997 WL 361832

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 1373263

Cited 9 times | Published

...It involves the rule of completeness, which allows an adverse party— at the time a portion of a writing or recorded statement is introduced—to have another portion or another statement or writing introduced that should, in fairness, be considered contemporaneously. § 90.108, Fla. Stat. (1995). It has thus been noted that: "If counsel for the adverse party does not seek to invoke section 90.108 at the time the writing or document is offered, the provision may not be utilized during cross-examination or during the party's own case. However, section 90.108 does not prohibit evidence of the remainder of the writing or document; the evidence would have to be subjected to proper cross-examination or meet the usual test of admissibility if offered during counsel's case." *9 Charles W....

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

...ce to them and requesting its adoption, but such adoption is not mandated. (e) This sectionsubdivision provides for the confidentiality of the information obtained by virtue of an examination of the defendant pursuant to this sectionsubdivision. Cf. § 90.108, Fla....

Scott v. State

559 So. 2d 269, 1990 WL 33501

District Court of Appeal of Florida | Filed: Mar 28, 1990 | Docket: 1522256

Cited 9 times | Published

...te, he made no contemporaneous request to play other parts of the tape to bolster his own case. We are not persuaded by appellant's contention that his request (after the state had rested its case) to play the remainder of the videotape falls within section 90.108, Florida Statutes (1987)....

Williams v. State

689 So. 2d 393, 1997 WL 90815

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1739301

Cited 7 times | Published

...d the crime: after his car was bumped, Alexander observed a car passenger taking his mother's purse, slamming her to the ground, and the car driving over his mother. [6] We find that Williams' argument has no merit. Under the "rule of completeness," § 90.108(1), Fla....
...___, 117 S.Ct. 615, 136 L.Ed.2d 539 (1996). The admission of such testimony is subject to a judicial determination that the statements "`in fairness ought to be considered contemporaneously' with the introduction of the partial statement." Id. at 402 (quoting § 90.108(1))....

Mason v. State

719 So. 2d 304, 1998 WL 329502

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1351449

Cited 7 times | Published

...g to prison, and the state agreed. When the redacted statement was admitted at trial, however, the second sentence had also been removed. Appellant objected to the deletion of that sentence, but the court overruled the objection. Appellant relies on § 90.108(1), Florida Statutes (1997) which provides in part: 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 to introduce any other part of any other writing or recorded statement that in fairness ought to be considered contemporaneously....

CBS, INC. v. Cobb

536 So. 2d 1067, 1988 WL 117625

District Court of Appeal of Florida | Filed: Nov 7, 1988 | Docket: 1759883

Cited 6 times | Published

...olsters Long's claim of relevancy. Whenever part of a written or recorded statement is introduced by a party, an adverse party may require the introduction of any other part of the statement that in fairness ought to be considered contemporaneously. § 90.108, Fla....

Schwartzberg v. State

215 So. 3d 611, 2017 WL 1175881, 2017 Fla. App. LEXIS 4166

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264842

Cited 6 times | Published

“erroneous view of the law.” Id. (citation omitted). Section 90.108(1), Florida Statutes (2015), provides: When

Harden v. State

87 So. 3d 1243, 2012 WL 1859267, 2012 Fla. App. LEXIS 8258

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60307907

Cited 5 times | Published

messages. The rule of completeness is codified in section 90.108(1), Florida Statutes (2009), which provides

Johnson v. State

653 So. 2d 1074, 1995 WL 170429

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 1530030

Cited 5 times | Published

..."When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously." § 90.108, Fla....

Layman v. State

728 So. 2d 814, 1999 WL 128704

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1254335

Cited 4 times | Published

...his case. However, when the defendant later attempted to introduce the recording during his case-in-chief, the trial court again denied the request on grounds that it "would be improper bolstering of a witness' testimony." This ruling was erroneous. Section 90.108(1), Florida Statutes (1997), provides that when a party introduces a portion of a recorded statement, "an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in...
...ot otherwise demonstrate that the trial court exercised its discretion. At least some portions of the recording were relevant since they were offered by the state through the agent's testimony as evidence of the defendant's guilt. Accordingly, under section 90.108(1), it was error for the trial court to prevent the defendant from presenting relevant portions of the recording during his case-in-chief....

Shannon v. State

753 So. 2d 148, 2000 WL 159031

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1433523

Cited 4 times | Published

...d. at 401-02. Admittedly, the right is not absolute. In Correll v. State, 523 So.2d 562, 566 (Fla.1988), the court declared: "Ordinarily, a defendant's statement should be introduced into evidence in its entirety, absent totally extraneous matters." Section 90.108, Florida Statutes (1999) only mandates the introduction of that which in fairness ought to be considered contemporaneously with the introduction of the partial statement....

Moore v. State

943 So. 2d 296, 2006 WL 3486812

District Court of Appeal of Florida | Filed: Dec 5, 2006 | Docket: 1526868

Cited 4 times | Published

...Lastly, Moore contends the trial judge erred in allowing the jury to learn of his prior criminal record. Although Moore did not testify at trial, he succeeded in introducing exculpatory statements made to the police under the rule of completeness. See § 90.108, Fla....

Dorfman v. Schwabl

777 So. 2d 427, 2000 WL 1867625

District Court of Appeal of Florida | Filed: Dec 22, 2000 | Docket: 1513997

Cited 4 times | Published

...On the whole, I am convinced that it would not disparage, at least substantially, the reputation of *431 either the profession or the courts if lawyers and judges acted fairly and the same fairness that supports the "rule of completeness" supports the introduction of Dr. Dineen's recollection of the conversation. See section 90.108, Fla....

Sweet v. State

693 So. 2d 644, 1997 WL 194715

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1524436

Cited 4 times | Published

...1996), cert. denied, ___ U.S. ___, 117 S.Ct. 615, 136 L.Ed.2d 539 (1996); Eberhardt v. State, 550 So.2d 102 (Fla. 1st DCA 1989). Generally, a party may not introduce his own exculpatory statements. However, the "rule of completeness" recognized in section 90.108, Florida Statutes, provides: When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously....

Kaczmar v. State

104 So. 3d 990, 2012 WL 4665829, 2012 Fla. LEXIS 1922

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60227746

Cited 3 times | Published

803(18), Florida Statutes (2007). However, section 90.108 provides: (1) When a writing or recorded statement

Miller v. State

780 So. 2d 277, 2001 WL 219299

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1298411

Cited 3 times | Published

..., Everette's taped pretrial statement, which was redacted and played for impeachment purposes, should have been played in its entirety to include Everette's statement that Stewart had previously shot at him. The "rule of completeness" is codified in section 90.108, Florida Statutes (1987), and provides that when a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part of the writing or recorded statement that in fairness ought to be considered contemporaneously....

Dubon v. State

982 So. 2d 746, 2008 WL 2228694

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 292522

Cited 3 times | Published

...He appeals the conviction on three grounds: the admission into evidence of portions of his custodial statement after denial of his motion to suppress; the exclusion from evidence of the remainder of his custodial statement under the rule of completeness (section 90.108, Florida Statutes); and the trial court's decision not to instruct the jury on section 776.013, Florida Statutes, effective October 1, 2005, concerning self-defense....

Mulford v. State

416 So. 2d 1199

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 1224692

Cited 3 times | Published

...The reference in Wilson's letter to appellant's previous conviction was not necessary to his complaint against appellant and should have been deleted because of its potential prejudicial effect on the jury. See Goodman v. State, 336 So.2d 1264 (Fla. 4th DCA 1976). The State contends that Section 90.108, Florida Statutes, required the introduction of the entire letter. Section 90.108, Florida Statutes, gave the State only a qualified right to seek the admission of the entire letter: 90.108 Introduction of related writings or recorded statements....

Pulcini v. State

41 So. 3d 338, 2010 Fla. App. LEXIS 10569, 2010 WL 2882466

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2399257

Cited 3 times | Published

...witness with prior inconsistent statements. Finally, appellant argues that the trial court erred in refusing to admit appellant's statement to Detective Chastain in its entirety, thereby violating the "rule of completeness." The rule is codified in section 90.108(1), Florida Statutes, which provides in pertinent part: 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 to introduce any other part or any other writin...

Barone v. State

841 So. 2d 653, 2003 WL 1824441

District Court of Appeal of Florida | Filed: Apr 9, 2003 | Docket: 2222422

Cited 2 times | Published

...dence. Id. at 579. The "rule of completeness" provides that "[w]hen a writing ... is introduced by a party, an adverse party may require ... her at that time to introduce any other part ... that in fairness ought to be considered contemporaneously." § 90.108(1), Fla....

Randy W. Tundidor v. State of Florida

221 So. 3d 587, 42 Fla. L. Weekly Supp. 507, 2017 WL 1506854, 2017 Fla. LEXIS 925

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813559

Cited 2 times | Published

Arthur hearing and the deposition testimony. Section 90,108(1), Florida Statutes, provides that, “[w]hen

Carter v. State

226 So. 3d 268, 2017 Fla. App. LEXIS 5786, 2017 WL 1496270

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 60274314

Cited 2 times | Published

case and to further discuss the application of section 90.108(1), Florida Statutes (2015). One day after

Metz v. State

59 So. 3d 1225, 2011 Fla. App. LEXIS 6665, 2011 WL 1775692

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 2360928

Cited 1 times | Published

...he deputy—that someone had given him the property and he did not know it had been stolen from the park tool shed until after being contacted by the authorities. Metz argued that his entire statement was admissible under the rule of completeness, subsection 90.108(1), Florida Statutes (2009), but the trial court ruled that the excluded words were "not necessary to understand the part of the statement" that the jury heard from the deputy....
...operty knew or should have known that the property had been stolen. The trial court erred when it prevented the jury from hearing the exculpatory portion of Metz's statement to the deputy because that portion of the statement was admissible under subsection 90.108(1), the rule of completeness. In Ramirez v. State, 739 So.2d 568, 580 (Fla. 1999), the Supreme Court described the operation of this rule: Codified at section 90.108, Florida Statutes (1995), the rule of completeness provides that "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 to introduce any other part or any ot...
...ading impressions by taking statements out of context." Mason v. State, 719 So.2d 304, 305 (Fla. 4th DCA 1998); see also Whitfield v. State, 933 So.2d 1245, 1248 (Fla. 1st DCA 2006); Husseain v. State, 805 So.2d 1066, 1067 (Fla. 3d DCA 2002). The subsection 90.108(1) rule of completeness has been applied where excluded portions of a defendant's statement relate to a defense to criminal charges....
...len because his girlfriend had given it to him; as in this case, the excluded statement in Guerrero related to the defendant's state of mind while possessing stolen property. In Sweet v. State, 693 So.2d 644, 645 (Fla. 4th DCA 1997), we held that subsection 90.108(1) required admission of that portion of the defendant's statement that related to his defense of voluntary intoxication....

Dessett v. State

951 So. 2d 46, 2007 Fla. App. LEXIS 3335, 2007 WL 675363

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 64849687

Cited 1 times | Published

completeness.” The rule of completeness is codified in section 90.108(1), Florida Statutes, which provides in pertinent

State v. Lena

819 So. 2d 919, 2002 Fla. App. LEXIS 8557, 2002 WL 1332627

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 64816105

Cited 1 times | Published

that this statement is admissible un*921der section 90.108, Florida Statutes (2000), commonly known as

Whitfield v. State

933 So. 2d 1245, 2006 WL 2008522

District Court of Appeal of Florida | Filed: Jul 20, 2006 | Docket: 1712078

Cited 1 times | Published

...State, 576 So.2d 825, 830 (Fla. 1st DCA 1991) ("When a defendant seeks to introduce his own prior self-serving statement for the truth of the matter stated, it is hearsay and it is not admissible."). However, the rule of completeness, which is codified in section 90.108(1), Florida Statutes (2004), provides: 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 to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously....

Gutierrez v. State

747 So. 2d 429, 1999 WL 1191445

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1738993

Cited 1 times | Published

...210 months. This appeal followed. Rule of Completeness Relying on the rule of completeness, the Gutierrezes argue that the trial court erred in not allowing them to present to the jury their entire taped and written statements made to the detective. Section 90.108, Florida Statutes (1997), also known as the rule of completeness, states, (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 to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section. § 90.108(1), Fla....
...Since the state never introduced Santiago's taped or written statements during its case-in-chief, the rule of completeness did not come into play. See Vazquez v. State, 700 So.2d 5, 8-9 (Fla. 4th DCA 1997) (explaining that counsel may not seek to invoke section 90.108 during cross-examination or during the party's own case) (citation omitted), rev. granted, 705 So.2d 902 (Fla.), dismissed, 718 So.2d 755 (Fla.1998). The only time he could have made any argument for admission of his tape under section 90.108 was during his cross-examination by the state....

Shaw v. State

43 So. 3d 149, 2010 Fla. App. LEXIS 12412, 2010 WL 3324442

District Court of Appeal of Florida | Filed: Aug 25, 2010 | Docket: 60295415

Cited 1 times | Published

PER CURIAM. Affirmed. See § 90.108(1), Fla. Stat. (2009); Jackson v. State, 2 So.3d 1036 (Fla. 3d DCA

Pierce v. State

137 So. 3d 578, 2014 Fla. App. LEXIS 6233, 2014 WL 1696141

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240377

Cited 1 times | Published

the scar only after he asked a third time. See § 90.108(1) (“When a writing or recorded statement or part

Ashley v. State

925 So. 2d 1117, 2006 WL 941752

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 1517010

Cited 1 times | Published

same in violation of this Article.... N.C.G.S. § 90-108(a)(7) (1993). The court found the following evidence

Fernandez v. Union Carbide Corp.

937 So. 2d 750, 2006 Fla. App. LEXIS 14895, 2006 WL 2548223

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 64846719

Published

fairness ought to be considered contemporaneously.” § 90.108(1), Fla. Stat. (2003). See generally Charles W

Cavaliere v. State

147 So. 3d 628, 2014 Fla. App. LEXIS 14331, 2014 WL 4671450

District Court of Appeal of Florida | Filed: Sep 12, 2014 | Docket: 1223489

Published

...Accordingly, we reverse and remand for new trial. Reversed; remanded for new trial. NORTHCUTT and KELLY, JJ., Concur. 1Although the error is particularly problematic in this case where only the prejudicial clip was shown, the rule of completeness, see § 90.108, provides no remedy because it is designed to alleviate the prejudice emanating from usage of an excerpt of a recorded statement, including videos; it neither adds probative value to the evidence nor does it reduce the harm flowing from the...

Loureiro v. State

133 So. 3d 948, 2013 WL 5538815, 2013 Fla. App. LEXIS 15909

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60238977

Published

recorded second confession for the retrial. . Section 90.108(1), Florida Statutes (2001). . In Rigterink

Morrison v. State

855 So. 2d 693, 2003 Fla. App. LEXIS 15079, 2003 WL 22298359

District Court of Appeal of Florida | Filed: Oct 8, 2003 | Docket: 64825554

Published

referring to portions of it during its case); § 90.108, Florida Statutes (2001). Reversed and remanded

Calhoun v. State

138 So. 3d 349

Supreme Court of Florida | Filed: Oct 31, 2013 | Docket: 60240665

Published

808(18), Florida Statutes (2009). However, section 90.108 provides: (1) When a writing or recorded statement

Chao v. State

661 So. 2d 1246, 1995 Fla. App. LEXIS 10943, 1995 WL 610624

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759591

Published

Chao argues this was reversible error, citing section 90.108, Florida Statutes (1993) and Long v. State

Gabriel Brian Nock v. State of Florida

256 So. 3d 828

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119864

Published

defendant is permitted to require the State under section 90.108(1), Florida Statutes (2014)-the statutory rule

Williams v. State

689 So. 2d 393, 1997 Fla. App. LEXIS 1838

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771644

Published

has no merit. Under the “rule of completeness,” § 90.108(1), Fla. Stat. (1995), the court properly permitted

Newton v. State

160 So. 3d 524, 2015 Fla. App. LEXIS 4368, 2015 WL 1360857

District Court of Appeal of Florida | Filed: Mar 27, 2015 | Docket: 60246886

Published

remaining exculpatory portion of the statement. . § 90.108(1), Fla. Stat. .(2014) ("When a writing or recorded

SAMUEL PREVAL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 24, 2020 | Docket: 17288866

Published

threat. Based upon the rule of completeness, section 90.108, Florida Statutes (2018), I would reverse.

Swearingen v. State

91 So. 3d 885, 2012 WL 2359666, 2012 Fla. App. LEXIS 10102

District Court of Appeal of Florida | Filed: Jun 22, 2012 | Docket: 60310004

Published

pursuant to the rule of completeness set forth in section 90.108(1), Florida Statutes (2011), all portions of

Cavaliere v. State

District Court of Appeal of Florida | Filed: Jul 18, 2014 | Docket: 385103

Published

...Accordingly, we reverse and remand for new trial. Reversed; remanded for new trial. NORTHCUTT and KELLY, JJ., Concur. 1Although the error is particularly problematic in this case where only the prejudicial clip was shown, the rule of completeness, see § 90.108, provides no remedy because it is designed to alleviate the prejudice emanating from usage of an excerpt of a recorded statement, including videos; it neither adds probative value to the evidence nor does it reduce the harm flowing from the...

Florida Bar

389 So. 2d 610, 1980 Fla. LEXIS 4378

Supreme Court of Florida | Filed: Jul 18, 1980 | Docket: 64578555

Published

which in fairness ought to be considered. Cf. section 90.108, Florida Statutes (1976), Rule 1.330(6) Florida

Duffell v. South Walton Emergency Services, Inc.

501 So. 2d 1352, 12 Fla. L. Weekly 396

District Court of Appeal of Florida | Filed: Jan 26, 1987 | Docket: 64624838

Published

portion of the report, the Quades rely upon Section 90.108, Florida Statutes, permitting, once a portion

Nock v. State

211 So. 3d 321, 2017 WL 626094, 2017 Fla. App. LEXIS 2052

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60262579

Published

fairness ought to be considered contemporaneously.” § 90.108(1), Fla. Stat. (2014) (emphasis added). The purpose

Schreiber v. State

973 So. 2d 1265, 2008 Fla. App. LEXIS 2037, 2008 WL 398822

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 64853874

Published

trial court was referring is apparently that of section 90.108(1), Florida Statutes (2005), which reads, in

GARY TIMOTHY KITCHINGS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 12, 2020 | Docket: 16834860

Published

statutory rule of completeness is codified in section 90.108(1), Florida Statutes (2018), which states:

Robinson v. CSX Transportation, Inc.

103 So. 3d 1006, 2012 Fla. App. LEXIS 21953, 2012 WL 6629689

District Court of Appeal of Florida | Filed: Dec 21, 2012 | Docket: 60226834

Published

of the report in the interest of fairness. See § 90.108(1), Fla. Stat. (2010) (“When a writing or recorded

Johnroe v. State

152 So. 3d 819, 2014 Fla. App. LEXIS 20160, 2014 WL 6990543

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 60244996

Published

Also, the rule of completeness as set forth in section 90.108(1), Florida Statutes (2012), requires that

Tallahassee Junior Academy v. Unemployment Appeals Commission

461 So. 2d 968, 9 Fla. L. Weekly 2576, 1984 Fla. App. LEXIS 16686

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 64609152

Published

provides persuasive authority for this conclusion. Section 90.108 requires that “[w]hen a writing or recorded

Katherine Farris v. State of Florida

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834284

Published

to be considered “contemporaneously” under section 90.108(1), Florida Statutes (2022), or under the common

Norge Cruz v. The State of Florida

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444166

Published

”). 5 § 90.108(1), Fla. Stat. (2017). The purpose of the rule

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.