Florida/Georgia Personal Injury & Workers Compensation

...The purpose of the rules of evidence is to promote the ascertainment of truth. The general rule provides that no person in a legal proceeding has a privilege to refuse to be a witness or to disclose any matter, except as otherwise provided in the evidence code, another statute, or the Florida or federal constitutions. See § 90.501, Fla....

...Tumulty took the stand and, of course, denied all of the inculpatory statements charged to her. Six points are presented in this appeal. The first involves a denial of Tumulty's motion to dismiss the indictment because the grand jury was improperly empaneled according to the dictates of section 90.501, Florida Statutes (1983)....

...f privilege on a case-by-case basis ... and to leave the door open to change," Trammel v. United States, 445 U.S. 40, 47, 100 S.Ct. 906, 910, 63 L.Ed.2d 186 (1980), the courts of Florida are statutorily forbidden to do so. The Florida Evidence Code, Section 90.501, Florida Statutes (1981), didactically states: 90.501 Privileges recognized only as provided Except as otherwise provided by this chapter, any other statute, or the Constitution of the United States or of the State of Florida, no person in a legal proceeding has a privilege to: (1) Refuse to be a witness....

...an discover for its creation is founded upon a provision of the United States or Florida Constitution. See Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So.2d 633 (Fla. 1980). Since neither of the grounds exclusively permitted under section 90.501 thus exists, the testimonial privilege enforced below may not, as a matter of law and under any circumstances, be recognized in our state....

...ll be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience. [7] It should be noted that, consistent with the complete divergence between the federal rule and § 90.501, virtually the entire federal law of privilege is based upon the common law rather than either rule or statute....

...Privileges Under Florida Law The only privileges recognized under Florida law are those established by The Florida Evidence Code, any other statute, the federal or Florida constitutions, and the Florida Supreme Court pursuant to its rule making authority. See § 90.501, Fla....

...sonal access to all public records. § 119.01(1), Fla. Stat. (1991). Moreover, we note that in the federal sector, critical self-analysis rises to the level of a privilege; it is not merely confidential. In Florida, privileges exist only by statute. § 90.501, Fla....

privilege has been abolished is unwarranted. Section 90.501, Florida Statutes (2013), which the majority

...Moreover, in terms of the "fifth amendment advice" question which the appellee has chosen to emphasize here, [7] it is noteworthy that the invocation of the attorney-client privilege is specifically recognized by § 90.502, Fla. Stat. (1979) as a basis for advising one not to testify. § 90.501, Fla....

...ght, statute or rule. See State v. Williams, 417 So.2d 755 (Fla. 5th DCA 1982); section 90.402, Florida Statutes ("All relevant evidence is admissible, except as provided by law"); Ehrhardt, Florida Evidence *135 § 402.1 (2d edition 1984). See also section 90.501, Florida Statutes (providing that no person has a privilege to refuse to disclose any matter, except as otherwise provided by Florida statute or by constitutional interpretation); Girardeau v....

...uiry into these aspects of the legislative process. Because the right to assert a legislative privilege arises from the state constitution as well as the common law, it is among those privileges that exist independently of the Florida Evidence Code. Section 90.501, Florida Statutes limits the testimonial privileges that are available to those that are listed in the Evidence Code. Legislative privilege is not listed in the Code but it falls within the exception for those privileges that "arise from the Constitution of the United States or of the State of Florida." See § 90.501, Fla....

...He maintains such testimony will support his contention of self-defense. The state filed a motion to quash the deposition subpoena urging that statements made to CDSP mediators were privileged. The court denied the motion to quash. At the outset, we note that section 90.501, Florida Statutes (1983), provides: 90.501 Privileges recognized only as provided....

The court first noted that pursuant to Fla.Stat. § 90.501 (of the Florida Evidence Code), no evidentiary

...ng schedule and oral argument to allow full consideration of the claim of privilege. Appellant concedes the absence of any express constitutional or statutory provision authorizing the invocation of the privilege asserted. In this connection we note Section 90.501 of the recently adopted Florida Evidence Code which specifically provides for the non-existence of any privilege in a legal proceeding to refuse to be a witness, to disclose any matter, or produce any documents or writings, except as p...

...Rule 6.25, The Rules Governing The Florida House of Representatives (1980-1982) provides: "6.25 — Open Meetings. All meetings of all committees shall be open to the public at all times, subject always to the authority of the presiding officer to maintain order and decorum." Further, as previously noted in this opinion, Section 90.501 of the Florida Evidence Code mandates a finding of no such privilege of non-disclosure....

producing any object or writing. See Fla.Stat. § 90.501 (emphasis supplied). Florida’s husband-wife privilege

...However, the right to discovery is not absolute. Rule 1.280(b)(1) precludes discovery regarding any matter that is privileged. Florida law recognizes privileges created by the Florida Evidence Code, statutes, and the Florida and United States Constitutions. See § 90.501, Fla....

Rehabilitative Servs., 164 F.R.D. 257 (N.D.Fla.1995). Section 90.501 of the Florida Evidence Code provides that

declined to recognize such a privilege, saying: Section 90.501 of the Florida Evidence Code provides that

5th DCA 2002) (citations omitted); see also § 90.501, Fla. Stat. (2020).6 In this case, even if a privilege