Florida Statute 90.605 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.605

90.605 Oath or affirmation of witness.—

(1) Before testifying, each witness shall declare that he or she will testify truthfully, by taking an oath or affirmation in substantially the following form: “Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?” The witness’s answer shall be noted in the record.

(2) In the court’s discretion, a child may testify without taking the oath if the court determines the child understands the duty to tell the truth or the duty not to lie.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 3, ch. 85-53; s. 484, ch. 95-147.

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Amendments to 90.605

Annotations, Discussions, Cases:

Cases Citing Statute 90.605

Total Results: 24

Griffin v. State

526 So. 2d 752, 1988 WL 55782

District Court of Appeal of Florida | Filed: Jun 3, 1988 | Docket: 93751

Cited 28 times | Published

Rev. 245, 282-283 (1985). The amendment to section 90.605(2), Florida Statutes (1985), contemplates the

Willis v. GAMI GOLDEN GLADES, LLC.

967 So. 2d 846, 2007 WL 3024039

Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1454392

Cited 17 times | Published

the evidence presented in this case. Further, section 90.605 of the Florida Evidence Code operates to guard

Pena v. Rodriguez

273 So. 3d 237

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658398

Cited 15 times | Published

oath prior to addressing the trial court. See § 90.605(1), Fla. Stat. (2018) (“Before testifying, each

Glendening v. State

503 So. 2d 335

District Court of Appeal of Florida | Filed: Mar 6, 1987 | Docket: 1452788

Cited 15 times | Published

Bell v. State, 93 So.2d 575 (Fla. 1957). See § 90.605(2), Fla. Stat. (1985). It is difficult to see

State v. Ford

626 So. 2d 1338, 1993 WL 458748

Supreme Court of Florida | Filed: Nov 10, 1993 | Docket: 467456

Cited 14 times | Published

duty to tell the truth or the duty not to lie." § 90.605(2), Fla. Stat. (1989). In the instant case, the

Wade v. State

586 So. 2d 1200, 1991 WL 183021

District Court of Appeal of Florida | Filed: Sep 16, 1991 | Docket: 1742421

Cited 10 times | Published

obligation to tell the truth. Id. at 754 (citing section 90.605(2), Florida Statutes (1985)). However, the

Houck v. State

421 So. 2d 1113

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 159698

Cited 9 times | Published

Cassels, 95 Fla. 851, 116 So. 865 (1928). Section 90.605, Florida Statutes (1981), requires that "each

Harrell v. State

689 So. 2d 400, 1997 WL 90818

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1477033

Cited 8 times | Published

assure the truthfulness of the testimony.[3]See § 90.605, Fla. Stat. (1995); Fed.R.Evid. 603. Moreover

Seccia v. State

689 So. 2d 354, 1997 WL 63015

District Court of Appeal of Florida | Filed: Feb 18, 1997 | Docket: 1477408

Cited 6 times | Published

facts, and appreciates the need to tell the truth. § 90.605(2), Fla. Stat. (1985); Lloyd v. State, 524 So

Allison v. State

661 So. 2d 889, 1995 WL 594929

District Court of Appeal of Florida | Filed: Oct 11, 1995 | Docket: 2486931

Cited 6 times | Published

duty to tell the truth or the duty not to lie." § 90.605(2), Fla. Stat. (1991). Detective Morganthal asked

Strickland v. State

610 So. 2d 705, 1992 WL 379810

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 1413589

Cited 6 times | Published

for determining the amount of restitution. See § 90.605, Fla. Stat. (1991); Houck v. State, 421 So.2d

Murphy v. State

667 So. 2d 375, 1995 WL 698887

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 113437

Cited 5 times | Published

evidentiary hearing without taking the oath. Section 90.605, Florida Statutes requires that each witness

Dickie v. State

216 So. 3d 35, 2017 WL 913634, 2017 Fla. App. LEXIS 3028

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 4615268

Cited 3 times | Published

180 L.Ed.2d 610 (2011). We also note that section 90.605(1), Florida Statutes (2015), imposes an oath

Winters v. Florida Bd. of Regents

834 So. 2d 243, 2002 WL 31487150

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1328981

Cited 3 times | Published

"declare that he or she will testify truthfully." § 90.605(1), Fla. Stat. (2000). The general rule is that

Winters v. Florida Bd. of Regents

834 So. 2d 243, 2002 WL 31487150

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1328981

Cited 3 times | Published

"declare that he or she will testify truthfully." § 90.605(1), Fla. Stat. (2000). The general rule is that

Simmons v. State

683 So. 2d 1101, 1996 WL 678686

District Court of Appeal of Florida | Filed: Nov 26, 1996 | Docket: 466168

Cited 3 times | Published

does not satisfy the criteria set forth in section 90.605(2), which require the trial court to determine

Rivet v. State

556 So. 2d 521, 1990 WL 9284

District Court of Appeal of Florida | Filed: Feb 8, 1990 | Docket: 543145

Cited 2 times | Published

duty to tell the truth or the duty not to lie." § 90.605, Fla. Stat. (1988). In Lloyd v. State, 524 So

In Re GS

989 So. 2d 1282, 2008 WL 4182740

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1665298

Cited 1 times | Published

that she had made many incredible statements. Section 90.605(2), Florida Statutes (2006), provides that

Willis v. Romano

972 So. 2d 294, 2008 WL 160972

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 2552432

Cited 1 times | Published

Fla. 851, 116 So. 865 (1928) and § 90.605, Fla. Stat.). Section 90.605, Florida Statutes, requires that

L.S. v. Department of Children & Family Services

989 So. 2d 1282, 2008 Fla. App. LEXIS 13980

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 64855677

Published

that she had made many incredible statements. Section 90.605(2), Florida Statutes (2006), provides that

Evans v. State

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

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64814126

Published

duty to tell the truth or the duty not to lie.” § 90.605(2). Because a challenge to the child victim’s

Oscarson v. Orange County

725 So. 2d 404, 1998 Fla. App. LEXIS 16465, 1998 WL 906778

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 64785928

Published

PER CURIAM. AFFIRMED. See § 90.605(1), Fla. Stat.; United States v. Fowler, 605 F.2d 181, 185 (5th Cir

M.B. v. State

603 So. 2d 710, 1992 Fla. App. LEXIS 9122, 1992 WL 201977

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 64669313

Published

does not reflect that any witness was sworn. See § 90.605, Fla.Stat. (1991). Essential testimony was received

Dean v. State

355 So. 2d 130, 1978 Fla. App. LEXIS 15289

District Court of Appeal of Florida | Filed: Jan 25, 1978 | Docket: 64562870

Published

ERVIN and BOOTH, JJ., concur. . We recognize that § 90.605(2), Fla.Stat. (Supp.1976), effective July 1, 1978