Florida Statute 90.108 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.108

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.

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Amendments to 90.108

Annotations, Discussions, Cases:

Cases Citing Statute 90.108

Total Results: 70

Ramirez v. State

739 So. 2d 568, 1999 WL 506949

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

Cited 246 times | Published

general principle of door-opening. Codified at section 90.108, Florida Statutes (1995), the rule of completeness

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

attempt to mislead the sentencer. Cf. Fla.Stat. § 90.-108 (“When a writing or recorded statement or part

Larzelere v. State

676 So. 2d 394, 1996 WL 137097

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

Cited 83 times | Published

requested, under the "doctrine of completeness" and section 90.108, Florida Statutes (1991), that the entire tapes

Johnson v. State

608 So. 2d 4, 1992 WL 251396

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

Cited 41 times | Published

him. The rule of completeness is codified as section 90.108, Florida Statutes (1987), and applies to writings

Mendoza v. State

700 So. 2d 670, 1997 WL 633315

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

Cited 38 times | Published

introduced into evidence in the interest of fairness. § 90.108, Fla. Stat. (1991). This rule is known as the

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

self-inculpatory vis-a-vis the codefendant. See § 90.108, Fla. Stat. (1995); see also Richardson v. Marsh

Reese v. State

694 So. 2d 678, 1997 WL 123352

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

Cited 27 times | Published

completeness. Although that rule is defined at section 90.108, Florida Statutes (1995), to include only written

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

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

Evans v. State

808 So. 2d 92, 2001 WL 1585324

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

Cited 24 times | Published

398 (quoting Larzelere, 676 So.2d at 402); see § 90.108(1), Fla. Stat.; Ramirez v. State, 739 So.2d 568

Troy v. State

948 So. 2d 635, 2006 WL 2987627

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

Cited 21 times | Published

to be an appropriate discretionary one under section 90.108(1) of the Florida Evidence Code, as well as

Christopher v. State

583 So. 2d 642, 1991 WL 88743

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

Cited 18 times | Published

inadmissible. The rule of completeness is codified in section 90.108, Florida Statutes (1987), which provides that

Raleigh v. State

932 So. 2d 1054, 2006 WL 1491446

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

Cited 15 times | Published

introduce the remainder of Figueroa's statement. See § 90.108(1), Fla. Stat. (1997) ("When a writing or recorded

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

that the "rule of completeness" recognized in section 90.108, Florida Statutes (1997) should have allowed

Jordan v. State

694 So. 2d 708, 1997 WL 182647

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

Cited 14 times | Published

conversation with Tory. Jordan argues that section 90.108, Florida Statutes (1991), dictates that the

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

Long v. State

610 So. 2d 1276, 1992 WL 289675

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

Cited 10 times | Published

admission. This concept is expressly set forth in section 90.108, Florida Statutes (1987), which provides in

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

in fairness, be considered contemporaneously. § 90.108, Fla. Stat. (1995). It has thus been noted that:

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

defendant pursuant to this sectionsubdivision. Cf. § 90.108, Fla. Stat. (1979); Rule Fla.R.Civ.P. 1.330(6)

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

the remainder of the videotape falls within section 90.108, Florida Statutes (1987). That section provides:

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

court overruled the objection. Appellant relies on § 90.108(1), Florida Statutes (1997) which provides in

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

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

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

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

fairness ought to be considered contemporaneously. § 90.108, Fla. Stat. (1987). Concededly, Long is at somewhat

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

fairness ought to be considered contemporaneously." § 90.108, Fla. Stat. (1993). Although a defendant's out-of-court

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

the police under the rule of completeness. See § 90.108, Fla. Stat. (2005). When a defendant successfully

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

Dineen's recollection of the conversation. See section 90.108, Fla. Stat. (1999). Only by permitting this

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

entirety, absent totally extraneous matters." Section 90.108, Florida Statutes (1999) only mandates the

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

witness' testimony." This ruling was erroneous. Section 90.108(1), Florida Statutes (1997), provides that

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

However, the "rule of completeness" recognized in section 90.108, Florida Statutes, provides: When a writing

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

However, the "rule of completeness" recognized in section 90.108, Florida Statutes, provides: When a writing

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

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

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

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

custodial statement under the rule of completeness (section 90.108, Florida Statutes); and the trial court's decision

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

The "rule of completeness" is codified in section 90.108, Florida Statutes (1987), and provides that

Mulford v. State

416 So. 2d 1199

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

Cited 3 times | Published

(Fla. 4th DCA 1976). The State contends that Section 90.108, Florida Statutes, required the introduction

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

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

fairness ought to be considered contemporaneously." § 90.108(1), Fla. Stat. (2002). The rule seeks "to avoid

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

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

described the operation of this rule: Codified at section 90.108, Florida Statutes (1995), the rule of completeness

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

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

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

rule of completeness, which is codified in section 90.108(1), Florida Statutes (2004), provides: When

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

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

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

and written statements made to the detective. Section 90.108, Florida Statutes (1997), also known as the

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

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.

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:

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

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

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

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

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

the rule of completeness, see § 90.108, provides no remedy because it is designed to

Cavaliere v. State

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

Published

clip was shown, the rule of completeness, see § 90.108, provides no remedy because it is designed to

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

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

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

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

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

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

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

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

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

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

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

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