Florida Statute 90.608 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.608

90.608 Who may impeach.—Any party, including the party calling the witness, may attack the credibility of a witness by:

(1) Introducing statements of the witness which are inconsistent with the witness’s present testimony.

(2) Showing that the witness is biased.

(3) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s. 90.610.

(4) Showing a defect of capacity, ability, or opportunity in the witness to observe, remember, or recount the matters about which the witness testified.

(5) Proof by other witnesses that material facts are not as testified to by the witness being impeached.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 14, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 1, ch. 90-174; s. 488, ch. 95-147.

F.S. 90.608 on Google Scholar

F.S. 90.608 on Casetext

Amendments to 90.608

Arrestable Offenses / Crimes under Fla. Stat. 90.608

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.608.

Annotations, Discussions, Cases:

Cases Citing Statute 90.608

Total Results: 20

Latrice Pla v. Ashley Rierson

Court: District Court of Appeal of Florida | Date Filed: 2024-05-15

Snippet: inconsistent with the witness’s present testimony.” § 90.608(1), Fla. Stat. “The admission or rejection of

ANDREW JAMES LYDECKER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-05

Snippet: " Thorne, 271 So. 3d at 184. Under section 90.608(2), Florida Statutes (2019), a party can attack

Marlin L. Joseph v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2022-02-10

Snippet: being disrespectful. Pursuant to section 90.608, Florida Statutes (2017), “[a]ny party, including

Jason Andrew Simpson v. State of Florida & Jason Andrew Simpson v. Ricky D. Dixon, etc.

Court: Supreme Court of Florida | Date Filed: 2022-01-13

Snippet: attacked by showing that the witness is biased. § 90.608(1)(b), Fla. Stat. (1981). A witness’ relationship

Brent A. Dodgen v. Kaitlyn P. Grijalva

Court: Supreme Court of Florida | Date Filed: 2021-10-21

Snippet: witness’s credibility based on bias,” id. (citing § 90.608(2), Fla. Stat. (2015)), the credibility of the

Brent A. Dodgen v. Kaitlyn P. Grijalva

Court: Supreme Court of Florida | Date Filed: 2021-10-14

Snippet: witness’s credibility based on bias,” id. (citing § 90.608(2), Fla. Stat. (2015)), the credibility of the

Steven Younkin v. Nathan Blackwelder

Court: Supreme Court of Florida | Date Filed: 2021-10-14

Snippet: doctor’s credibility based on bias. See § 90.608(2), Fla. Stat. (2016). Nevertheless, this appears

Dontae R. Morris v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-04-08

Snippet: 90.801, Fla. Stat. (2020) (defining hearsay); § 90.608, Fla. Stat. (2020) (providing for impeachment

DONALD LAMORE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-09-04

Snippet: when offered for impeachment purposes); see also § 90.608(2), Fla. Stat. (2009) ("Any party . . . may

Tina Lasonya Brown v. State of Florida & Tina Lasonya Brown v. Mark S. Inch, etc.

Court: Supreme Court of Florida | Date Filed: 2020-08-27

Snippet: to impeach Lee through evidence of bias. See § 90.608(2). Specifically, Brown argues Lee’s husband, Darren

JAMES GENTRY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-07-22

Snippet: prior inconsistent statements pursuant to section 90.608(1), Florida Statutes (2019). Second, based

JUSTIN J. HAWN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-07-22

Snippet: 561, 569 (Fla. 2004) (citations omitted). Section 90.608(1), Florida Statutes (2018), allows a party to

Travis R. Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-08-22

Snippet: inconsistent with Perry’s trial testimony. See § 90.608, Fla. Stat. (“Any party . . . may attack the

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 274 So. 3d 537

Snippet: attack a witness's credibility based on bias. § 90.608(2), Fla. Stat. (2014) ("Any party, including the

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 274 So. 3d 537

Snippet: attack a witness's credibility based on bias. § 90.608(2), Fla. Stat. (2014) ("Any party, including the

GEORGE GOMILLION v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 267 So. 3d 502

Snippet: recount the events of the evening in question. See § 90.608(4), Fla. Stat. (2016); Edwards v. State, 548 So

Rodney Tyrone Lowe v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-10-19

Citation: 259 So. 3d 23

Snippet: prior inconsistent statement pursuant to section 90.608, Florida Statutes (2008), the *44prior statement

Robert Roy Macomber v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-08-30

Citation: 254 So. 3d 1098

Snippet: particular material issue in this case.” Section 90.608, Florida Statutes, provides that Appellant can

George v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-07-05

Citation: 251 So. 3d 262

Snippet: unrelated to the defendant’s case. Section 90.608, Florida Statutes (2016), provides that “[a]ny

Vincent J. Klaus v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-01-08

Citation: 236 So. 3d 483

Snippet: Jarrett’s body had not been burned. Section 90.608(5), Florida Statutes (2010), states that any party