Annotations, Discussions, Cases:
Cases Citing Statute 90.601
Total Results: 17
668 So. 2d 954, 1996 WL 2056
Supreme Court of Florida | Filed: Jan 4, 1996 | Docket: 1686964
Cited 247 times | Published
...e person on whose behalf he seeks to litigate"; and (2) the "`next friend' must have some significant relationship with the real party in interest." Id. at 163-64, 110 S.Ct. at 1727. [9] An otherwise competent witness has the ability to testify, see section 90.601, Florida Statutes (1993), and unreliability goes to a witness's credibility, which is for the trier-of-fact to consider....
774 So. 2d 637, 2000 WL 1508592
Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 2518027
Cited 194 times | Published
...ruth; or (3) unable to perceive and remember the events. See §§ 90.603, .604, Fla. Stat. (1999). However, "[a] witness is presumed competent to testify until the contrary is established." Hawk v. State, 718 So.2d 159, 162 (Fla.1998); see generally § 90.601, Fla....
650 So. 2d 969, 1994 WL 656653
Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1346761
Cited 51 times | Published
...We have reviewed the relevant portions of the record, including the motions and depositions involved in this issue, and find that the trial judge did not abuse his discretion in excluding the child's statement on the grounds of competency. Although in general, "every person is competent to be a witness," section 90.601, Florida Statutes (1989), a trial judge is permitted to exclude a witness when that witness is "[i]ncapable of expressing himself concerning the matter in such a manner as to be understood." § 90.603(1), Fla....
718 So. 2d 159, 1998 WL 633688
Supreme Court of Florida | Filed: Sep 17, 1998 | Docket: 1515100
Cited 15 times | Published
...Hawk claims that the trial court erred in allowing Matthew Gray (the bludgeoning victim who survived) to testify without conducting a competency hearing. We disagree. A witness is presumed competent to testify until the contrary is established. See generally § 90.601, Fla....
772 So. 2d 1209, 2000 WL 1675950
Supreme Court of Florida | Filed: Nov 9, 2000 | Docket: 1435119
Cited 15 times | Published
...Roberts, 450 So.2d at 1127 (Anstead, C.J., concurring specially) (citing Smith, 75 Fla. at 474, 78 So. at 532). Similarly, in Roberts, Justice Anstead also reasoned that the Legislature was likely aware of the Florida Supreme Court's definition of "conviction" when the Legislature enacted section 90.601(1)....
183 So. 3d 286
Supreme Court of Florida | Filed: Jun 25, 2015 | Docket: 2668545
Cited 11 times | Published
... been obtained without the assistance of the alleged error.” Id. (quoting Urbin v.
State, 714 So. 2d 411, 418 n.8 (Fla. 1998)).
A witness is presumed competent to testify until the contrary is established.
Hawk v. State, 718 So. 2d 159, 162 (Fla. 1998); see also § 90.601, Fla....
641 So. 2d 146, 1994 WL 386430
District Court of Appeal of Florida | Filed: Jul 26, 1994 | Docket: 2517542
Cited 7 times | Published
...Defendant suggests that his hypothesis of innocence renders Ms. Gunderson somehow an "interested" witness and that therefore her testimony must be discounted as self-serving. That is not the law. Under the Evidence Code, "Every person is competent to be a witness, except as otherwise provided by statute." § 90.601, Fla....
596 So. 2d 1139, 1992 WL 51242
District Court of Appeal of Florida | Filed: Mar 18, 1992 | Docket: 1295787
Cited 6 times | Published
...rida Statutes (1989). We conclude that it cannot. Although the parties debate the issue of Patsy's competency to contract, we do not address it because her incompetency was never established by due process of law, and she is thus presumed competent. § 90.601, Fla....
495 So. 2d 1195, 11 Fla. L. Weekly 2034
District Court of Appeal of Florida | Filed: Sep 23, 1986 | Docket: 1748815
Cited 5 times | Published
...From a full reading of her statement, the trial court could certainly determine that her competency was shown that she understood both what she was saying and her obligation to tell the truth. Because competency is presumed until the contrary is established, Williams, 2 Fla. at 68; see § 90.601, Fla....
425 So. 2d 12
District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 1181701
Cited 3 times | Published
...[2] Their status vis-a-vis Farish & Farish has yet to be determined. [3] The Florida Evidence Code has replaced Section 90.05, Florida Statutes (1975), and provides: Every person is competent to be a witness, except as otherwise provided by statute. Section 90.601, Florida Statutes (Supp....
566 So. 2d 880, 1990 WL 129952
District Court of Appeal of Florida | Filed: Sep 11, 1990 | Docket: 547485
Cited 3 times | Published
...In support of its argument the State first contends that the sole method for proof of drug addiction is to introduce expert testimony, and that the defendant's own testimony cannot be considered. To the contrary, there is no such proscription, see § 90.601, Fla....
683 So. 2d 1101, 1996 WL 678686
District Court of Appeal of Florida | Filed: Nov 26, 1996 | Docket: 466168
Cited 3 times | Published
...the capacity to relate in an understandable fashion those events about which he chooses to testify. Appellant challenges the ruling relating to Burney's competency. Unless otherwise provided by statute, every person is presumed competent to testify. § 90.601, Fla.Stat....
..."Defense counsel placed [Burney's] competency at issue, at least to the extent of whether [he] had a moral sense of the duty to tell the truth." Z.P. v. State, 651 So.2d 213, 214 (Fla. 2d DCA 1995). Findings and Inquiry Inadequate "Every person is competent to be a witness, except as otherwise provided by statute." § 90.601, Fla.Stat....
622 So. 2d 607, 1993 WL 303092
District Court of Appeal of Florida | Filed: Aug 12, 1993 | Docket: 547020
Cited 3 times | Published
...t and opinion testimony presented by the applicant, who has himself qualified as an expert witness. Persons having a pecuniary or proprietary interest in the outcome of litigation are not disqualified from testifying under the Florida Evidence Code. Section 90.601, Fla....
158 So. 3d 743, 2015 Fla. App. LEXIS 2335, 2015 WL 719004
District Court of Appeal of Florida | Filed: Feb 20, 2015 | Docket: 2635791
Cited 1 times | Published
...The allegedly stolen property was never recovered.
Wingo preserved the issue of Mullins' competency by motion prior to trial
and by requesting a competency determination at trial prior to Mullins' testimony. A
witness is presumed competent to testify until a party places competency at issue. See
§ 90.601, Fla....
District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962800
Published
So. 2d 1101, 1103 (Fla. 1st DCA 1996) (citing § 90.601, Fla. Stat. (1996)). Consistent with this presumption
445 So. 2d 1079, 1984 Fla. App. LEXIS 11920
District Court of Appeal of Florida | Filed: Feb 21, 1984 | Docket: 64603136
Published
presumed until the contrary is established. See § 90.601, Fla.Stat. (1981); Williams v. McGehee, 2 Fla
