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Florida Statute 90.603 | Lawyer Caselaw & Research
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F.S. 90.603 Case Law from Google Scholar Google Search for Amendments to 90.603

The 2024 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.603
90.603 Disqualification of witness.A person is disqualified to testify as a witness when the court determines that the person is:
(1) Incapable of expressing himself or herself concerning the matter in such a manner as to be understood, either directly or through interpretation by one who can understand him or her.
(2) Incapable of understanding the duty of a witness to tell the truth.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 482, ch. 95-147.

F.S. 90.603 on Google Scholar

F.S. 90.603 on Casetext

Amendments to 90.603


Arrestable Offenses / Crimes under Fla. Stat. 90.603
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.603.



Annotations, Discussions, Cases:

Cases Citing Statute 90.603

Total Results: 20

Robert Roy Macomber v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-30T00:00:00-07:00

Citation: 254 So. 3d 1098

Snippet: K.M.’s redacted pre-trial statement under section 90.603(23), Florida Statutes (2015). We agree with Appellant

& SC13-1787 Steven Douglas Hayward v. State of Florida and Steven Douglas Hayward v. Julie L. Jones, etc.

Court: Fla. | Date Filed: 2015-06-25T00:00:00-07:00

Citation: 183 So. 3d 286

Snippet: Moore, 774 So.2d 637, 646 (Fla.2000). Section 90.603, Florida Statutes (2007), provides that a person… also § 90.601, Fla. Stat. (2007). Section 90.603, Florida Statutes (2007), provides that a person

Wingo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-20T00:00:00-08:00

Citation: 158 So. 3d 743, 2015 Fla. App. LEXIS 2335, 2015 WL 719004

Snippet: .2d 637, 646 (Fla.2000); see also §§ 90.603, 90.604. In Hammond v. State, 660

Gilbert Dudley, III v. State of Florida

Court: Fla. | Date Filed: 2014-05-15T00:00:00-07:00

Citation: 139 So. 3d 273, 39 Fla. L. Weekly Supp. 335, 2014 WL 1923782, 2014 Fla. LEXIS 1625

Snippet: understanding the duty of a witness to tell the truth.” § 90.603, Fla. Stat. (2013). As recognized by the Fourth

Scolaro v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

Citation: 135 So. 3d 1111, 2013 WL 5225249, 2013 Fla. App. LEXIS 14813

Snippet: of understanding the duty to tell the truth. § 90.603, Fla. Stat. (2011). In order to avoid discovery

Bradley v. Cooper

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-14T00:00:00-07:00

Citation: 40 So. 3d 846, 2010 Fla. App. LEXIS 10337, 2010 WL 2756966

Snippet: completely disqualify a witness under... section [90.603(2) of the Florida Evidence Code]."); Katz

Rp v. Department of Children and Family

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-23T00:53:00-07:00

Citation: 975 So. 2d 435

Snippet: should have been disqualified from testifying. See § 90.603(2), Fla. Stat. (2005). Since she was not, the admission

Belcher v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-17T00:00:00-08:00

Citation: 834 So. 2d 422, 2003 Fla. App. LEXIS 294, 2003 WL 131805

Snippet: disqualified to testify as a witness under section 90.603, Florida Statutes (2000). Apparently, the trial…disqualifies a witness under specific circumstances. See § 90.603. Under the established law, even a person who has…disqualified from testifying pursuant to section 90.603. ■ Petition for writ of certiorari granted. ALTENBERND

Gervin v. Andrews

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-25T00:53:00-07:00

Citation: 826 So. 2d 504

Snippet: testify," he had concluded that under section 90.603(2), Florida Statutes (2001), Gervin was a witness… they were made without a hearing under section 90.603(2), that they invaded the province of the jury,

Evans v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-27T00:00:00-08:00

Citation: 813 So. 2d 194, 2002 Fla. App. LEXIS 3916, 2002 WL 459104

Snippet: witness must be disqualified from testifying. § 90.603(2), Fla. Stat. (1999); Palazzolo v. State, 754

Rutherford v. Moore

Court: Fla. | Date Filed: 2000-10-12T00:00:00-07:00

Citation: 774 So. 2d 637

Snippet: unable to perceive and remember the events. See §§ 90.603, .604, Fla. Stat. (1999). However, "[a] witness

Palazzolo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-11T23:53:00-08:00

Citation: 754 So. 2d 731

Snippet: competency is an issue of disqualification. See § 90.603(2), Fla. Stat. (1997). When a party challenges

Conner v. State

Court: Fla. | Date Filed: 1999-09-16T00:00:00-07:00

Citation: 748 So. 2d 950

Snippet: Ill.Comp.Stat. 5/115-10 (West 1999). [7] Section 90.603, Florida Statutes (1997), governing the disqualification

State v. Green

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-27T00:00:00-07:00

Citation: 733 So. 2d 583, 1999 Fla. App. LEXIS 6820, 1999 WL 334756

Snippet: and recollect the facts when testifying. See §§ 90.603 and 90.604, Fla. Stat. (1997); see generally C.…Evidence, (1999), § 603.1' at 391 (“Section 90.603 requires that a witness have the capacity to communicate

Tampa Brass & Aluminum Corp. v. American Employers' Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 1998-02-13T00:00:00-08:00

Citation: 709 So. 2d 548, 1998 Fla. App. LEXIS 1237, 1998 WL 56271

Snippet: to understand his duty to tell the truth. See § 90.603(2), Fla. Stat. (1993) (“[a] person is disqualified

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-25T23:53:00-08:00

Citation: 683 So. 2d 1101

Snippet: the duty of a witness to tell the truth." § 90.603, Fla.Stat. (1995). See Bell v. State, 93 So.2d

Fuller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-01-24T23:53:00-08:00

Citation: 669 So. 2d 273

Snippet: . State, 524 So.2d 396 (Fla.1988)). See also §§ 90.603(2) and 90.605(2), Fla.Stat. (1991). In this case

Lowe v. State

Court: Fla. | Date Filed: 1994-11-23T00:00:00-08:00

Citation: 650 So. 2d 969

Snippet: matter in such a manner as to be understood." § 90.603(1), Fla. Stat. (1989). In Clinton v. State, 53

Anderson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-08T00:00:00-07:00

Citation: 642 So. 2d 109, 1994 Fla. App. LEXIS 8667, 1994 WL 483404

Snippet: incompetent to testify at trial according to section 90.-603(2) does not necessarily mean that the child is

State v. Townsend

Court: Fla. | Date Filed: 1994-04-21T00:00:00-07:00

Citation: 635 So. 2d 949

Snippet: child was incompetent to testify under section 90.603, Florida Statutes (1987), due to her age.[1] After…was misplaced and that incompetency under section 90.603 does not render a witness unavailable for purposes…incompetent to testify at trial according to section 90.603(2) does not necessarily mean that the child is …required standard in this case. NOTES [1] Section 90.603, Florida Statutes (1987), which governs the disqualification