Florida Statute 90.605 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 90.605

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.605.

Annotations, Discussions, Cases:

Cases Citing Statute 90.605

Total Results: 20

Pena v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2019-05-22

Citation: 273 So. 3d 237

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

Dickie v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-03-08

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2008-09-12

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

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

In Re GS

Court: District Court of Appeal of Florida | Date Filed: 2008-09-12

Citation: 989 So. 2d 1282, 2008 WL 4182740

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

Willis v. Romano

Court: District Court of Appeal of Florida | Date Filed: 2008-01-18

Citation: 972 So. 2d 294, 2008 WL 160972

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

Willis v. GAMI GOLDEN GLADES, LLC.

Court: Supreme Court of Florida | Date Filed: 2007-10-18

Citation: 967 So. 2d 846, 2007 WL 3024039

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

Winters v. Florida Bd. of Regents

Court: District Court of Appeal of Florida | Date Filed: 2002-11-08

Citation: 834 So. 2d 243, 2002 WL 31487150

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

Evans v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-03-27

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

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

Oscarson v. Orange County

Court: District Court of Appeal of Florida | Date Filed: 1998-12-31

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

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

Harrell v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-03-05

Citation: 689 So. 2d 400, 1997 WL 90818

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

Seccia v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-02-18

Citation: 689 So. 2d 354, 1997 WL 63015

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

Simmons v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-11-26

Citation: 683 So. 2d 1101, 1996 WL 678686

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

Fuller v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-01-25

Citation: 669 So. 2d 273, 1996 WL 26184

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

Murphy v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-11-29

Citation: 667 So. 2d 375, 1995 WL 698887

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

Allison v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-10-11

Citation: 661 So. 2d 889, 1995 WL 594929

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

State v. Ford

Court: Supreme Court of Florida | Date Filed: 1993-11-10

Citation: 626 So. 2d 1338, 1993 WL 458748

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

Strickland v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-12-23

Citation: 610 So. 2d 705, 1992 WL 379810

Snippet: for determining the amount of restitution. See § 90.605, Fla. Stat. (1991); Houck v. State, 421 So.2d 1113

M.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-08-21

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

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

Wade v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-09-16

Citation: 586 So. 2d 1200, 1991 WL 183021

Snippet: 2d 396 (Fla. 1988), and sections 90.603(2) and 90.605(2), Florida Statutes (1985)). In this case, as

Strachan Shipping Co. v. Spigner

Court: District Court of Appeal of Florida | Date Filed: 1991-01-03

Citation: 573 So. 2d 926, 1991 WL 563

Snippet: Fuller and Robert L. Haywood, Appellees. No. 90-00605. District Court of Appeal of Florida, First District