Florida Statute 90.612 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.612

90.612 Mode and order of interrogation and presentation.—

(1) The judge shall exercise reasonable control over the mode and order of the interrogation of witnesses and the presentation of evidence, so as to:

(a) Facilitate, through effective interrogation and presentation, the discovery of the truth.

(b) Avoid needless consumption of time.

(2) Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in its discretion, permit inquiry into additional matters.

(3) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’s testimony. Ordinarily, leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.

The judge shall take special care to protect a witness under age 14 from questions that are in a form that cannot reasonably be understood by a person of the age and understanding of the witness, and shall take special care to restrict the unnecessary repetition of questions.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 1, ch. 95-179; s. 2, ch. 2000-316.

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Amendments to 90.612

Annotations, Discussions, Cases:

Cases Citing Statute 90.612

Total Results: 74

Hunter v. State

660 So. 2d 244, 1995 WL 324080

Supreme Court of Florida | Filed: Jun 1, 1995 | Docket: 1639619

Cited 134 times | Published

cross-examination of Detective Flynt, a State witness. Section 90.612(2), Florida Statutes (1993), states that "[c]ross-examination

Boyd v. State

910 So. 2d 167, 2005 WL 318568

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 751955

Cited 112 times | Published

the DNA evidence associated with the crimes. Section 90.612(2), Florida Statutes (2001), states, "Cross-examination

Chandler v. State

702 So. 2d 186, 1997 WL 633729

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 2313637

Cited 96 times | Published

which was "clearly outside the scope of direct"); § 90.612(2), Fla. Stat. (1993)(limiting cross examination

Geralds v. State

674 So. 2d 96, 1996 WL 73786

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 380084

Cited 73 times | Published

examination about evidence linking him to the murder. Section 90.612(2), Florida Statutes (1993), states that "[c]ross-examination

Rimmer v. State

825 So. 2d 304, 2002 WL 1430739

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 2518351

Cited 62 times | Published

witnesses and the presentation of evidence, *322 see § 90.612, Fla. Stat. (2000), and the decision as to whether

Johnson v. State

969 So. 2d 938, 2007 WL 1933048

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693

Cited 55 times | Published

the statement in a new direct examination. See § 90.612(1)(b), Fla. Stat. (2006) (providing that judge

Crump v. State

622 So. 2d 963, 1993 WL 194554

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677

Cited 50 times | Published

examination which concerned hair and fiber analysis. See § 90.612, Fla. Stat. (1989). The next issue is whether

Crump v. State

622 So. 2d 963, 1993 WL 194554

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677

Cited 50 times | Published

examination which concerned hair and fiber analysis. See § 90.612, Fla. Stat. (1989). The next issue is whether

Robinson v. State

707 So. 2d 688, 1998 WL 54134

Supreme Court of Florida | Filed: Feb 12, 1998 | Docket: 1260192

Cited 45 times | Published

Alternatively, as Professor Ehrhardt has observed, section 90.612(1)(b) also "recognizes the trial judge's responsibility

McCray v. State

71 So. 3d 848, 36 Fla. L. Weekly Supp. 383, 2011 Fla. LEXIS 1565, 2011 WL 2637377

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2353993

Cited 43 times | Published

truth" and "[a]void needless consumption of time." § 90.612(1)(a)-(b), Fla. Stat. (2008). Further, a trial

Farinas v. State

569 So. 2d 425, 1990 WL 154230

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1189837

Cited 40 times | Published

Therefore, this line of questioning was permissible. § 90.612(2), Fla. Stat. (1985). *430 In the final issue

Shere v. State

579 So. 2d 86, 1991 WL 45123

Supreme Court of Florida | Filed: Apr 4, 1991 | Docket: 2041247

Cited 32 times | Published

during any examination under this subsection. Section 90.612 of the Florida Statutes (1987) provides: 90

Koon v. State

513 So. 2d 1253, 12 Fla. L. Weekly 428

Supreme Court of Florida | Filed: Aug 20, 1987 | Docket: 1295194

Cited 31 times | Published

witness on cross-examination as permitted by section 90.612(2), Florida Statutes (1985). The fact that

Smith v. State

7 So. 3d 473, 2009 Fla. LEXIS 405, 2009 WL 702262

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1227181

Cited 25 times | Published

matters affecting the credibility of the witness." § 90.612(2), Fla. Stat. (2005). The credibility of a witness

Washington v. State

737 So. 2d 1208, 1999 WL 534733

District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 1709666

Cited 21 times | Published

discretion, permit inquiry into additional matters. § 90.612(2), Fla. Stat. (1997); Sanders v. State, 707 So

Erp v. Carroll

438 So. 2d 31

District Court of Appeal of Florida | Filed: Aug 18, 1983 | Docket: 1731785

Cited 20 times | Published

which is based on the former federal rule. Section 90.612(2), Florida Statutes (1981), now provides for

Kingery v. State

523 So. 2d 1199, 1988 WL 27734

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 472660

Cited 14 times | Published

accorded a trial court in the conduct of a trial, see § 90.612, Fla. Stat. (1985); Smith v. State, 404 So.2d

Gosciminski v. State

132 So. 3d 678, 38 Fla. L. Weekly Supp. 638, 2013 WL 5313183, 2013 Fla. LEXIS 1988

Supreme Court of Florida | Filed: Sep 12, 2013 | Docket: 60238539

Cited 12 times | Published

matters affecting the credibility of the witness.” § 90.612(2), Fla. Stat. (2009). The credibility of a witness

Lindsey v. State

14 So. 3d 211, 34 Fla. L. Weekly Supp. 399, 2009 Fla. LEXIS 1012, 2009 WL 1955053

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 1650068

Cited 12 times | Published

wrong? Lindsey: I think the jury is mistaken. Section 90.612(2), Florida Statutes (2006), provides: Cross-examination

Wolowitz v. Thoroughbred Motors, Inc.

765 So. 2d 920, 2000 WL 1206393

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1522966

Cited 12 times | Published

answered based on the proceedings at trial. See also § 90.612(1)(b), Fla. Stat. (1995) (allowing the trial judge

In Re Amendments to Fla. Evidence Code

825 So. 2d 339, 27 Fla. L. Weekly Supp. 679, 2002 Fla. LEXIS 1482, 2002 WL 1476290

Supreme Court of Florida | Filed: Jul 11, 2002 | Docket: 1312117

Cited 11 times | Published

2000-316, section 2, amends subsection (3) of section 90.612, Florida Statutes (Mode and order of interrogation

Sanders v. State

707 So. 2d 664, 1998 WL 19195

Supreme Court of Florida | Filed: Jan 22, 1998 | Docket: 1259421

Cited 11 times | Published

and premeditated for sentencing purposes. Section 90.612(2), Florida Statutes (1995), provides: Cross-examination

Rafael Andres v. State of Florida

254 So. 3d 283

Supreme Court of Florida | Filed: Sep 20, 2018 | Docket: 7943259

Cited 10 times | Published

matters affecting the credibility of the witness." § 90.612(2), Fla. Stat. (2017). The trial judge has wide

Slocum v. State

757 So. 2d 1246, 2000 WL 561717

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 1331499

Cited 10 times | Published

would obscure the discovery of the truth. See § 90.612(1), Fla.Stat. (1999). To have stepped into the

Sullivan v. Sullivan

736 So. 2d 103, 1999 WL 414376

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1427586

Cited 10 times | Published

at 17. The trial court has authority under section 90.612, Florida Statutes (1997), to efficiently manage

Snelgrove v. State

107 So. 3d 242, 37 Fla. L. Weekly Supp. 303, 2012 WL 1345485, 2012 Fla. LEXIS 754

Supreme Court of Florida | Filed: Apr 19, 2012 | Docket: 60228645

Cited 9 times | Published

permit cross-examination into additional matters. § 90.612(2), Fla. Stat. (2008); see Boyd v. State, 910

Hardwick v. Crosby

320 F.3d 1127, 2003 U.S. App. LEXIS 1717

Court of Appeals for the Eleventh Circuit | Filed: Jan 31, 2003 | Docket: 397569

Cited 9 times | Published

prosecution in this death-penalty case. See Fla. Stat. 90.612(2). . See, e.g., Pretrial Deposition of

Washington v. State

758 So. 2d 1148, 2000 WL 368650

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1726179

Cited 9 times | Published

door to the state's redirect examination. See § 90.612, Fla. Stat. (1999). On the remaining issue, we

Smith v. State

404 So. 2d 167

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1782317

Cited 9 times | Published

the mode, order, and scope of cross-examination. § 90.612; Hernandez, supra. But such judicial discretion

Register v. State

718 So. 2d 350, 1998 WL 654086

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 1515131

Cited 8 times | Published

" and "[a]void needless consumption of time." § 90.612(1)(a)-(b), Fla. Stat. (1993); see also Britton

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

order, and scope of cross examination under section 90.612(1), Florida Statutes (2006), such discretion

Jenkins v. Wessel

780 So. 2d 1006, 2001 WL 313697

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1708764

Cited 6 times | Published

subject matter of the direct examination. See § 90.612(2), Fla. Stat. (2000). Nothing in the proposed

Duncan v. State

450 So. 2d 242

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1729137

Cited 5 times | Published

Sireci v. State, 399 So.2d 964 (Fla. 1981). Section 90.612(2), Florida Statutes, provides that cross-examination

Linic v. State

80 So. 3d 382, 2012 WL 385497, 2012 Fla. App. LEXIS 1771

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305700

Cited 4 times | Published

examination on issues raised by direct examination. § 90.612(2), Fla. Stat. (2009) (“Cross-examination of a

State v. Stone

42 So. 3d 279, 2010 Fla. App. LEXIS 10849, 2010 WL 2925691

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 2399888

Cited 4 times | Published

of witnesses and the presentation of evidence." § 90.612(1), Fla. Stat. (2009). The prosecutor chose not

Hernandez v. Dugger

839 F. Supp. 849, 1993 U.S. Dist. LEXIS 17472, 1993 WL 512009

District Court, M.D. Florida | Filed: Dec 8, 1993 | Docket: 1002207

Cited 4 times | Published

merits" means the strength of the appeal. [1] Section 90.612, Florida Evidence Code, states: (1) the judge

Pulcini v. State

41 So. 3d 338, 2010 Fla. App. LEXIS 10569, 2010 WL 2882466

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2399257

Cited 3 times | Published

Hudson v. State, 992 So.2d 96, 107 (Fla.2008). Section 90.612(1), Florida Statutes, provides that the judge

Stotler v. State

834 So. 2d 940, 2003 WL 142286

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1697585

Cited 3 times | Published

went beyond the scope of direct examination. Section 90.612(2), Florida Statutes (2001) provides that

Woodson v. Go

166 So. 3d 231, 2015 Fla. App. LEXIS 9744, 2015 WL 3903589

District Court of Appeal of Florida | Filed: Jun 26, 2015 | Docket: 60248342

Cited 2 times | Published

expert witness testimony. We would observe that section 90.612(l)(b), Florida Statutes (2013), expressly requires

Pedro v. Baber

83 So. 3d 912, 2012 WL 716046, 2012 Fla. App. LEXIS 3682

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 60306535

Cited 2 times | Published

discretion, permit inquiry into additional matters.” § 90.612(2), Fla. Stat. (2010). [W]hen the direct examination

Polite v. State

41 So. 3d 935, 2010 Fla. App. LEXIS 10455, 35 Fla. L. Weekly Fed. D 1574

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 358534

Cited 2 times | Published

“scope” of the direct examination. Id.; see also, § 90.612(2), Fla. Stat. (2009) (“Cross-examination of a

Tobin v. Leland

804 So. 2d 390, 2001 WL 1190894

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1699489

Cited 2 times | Published

actually a plaintiff's lawyer for a time. [3] "Section 90.612(1)(b) recognizes the trial judge's responsibility

Green v. State

688 So. 2d 301, 1996 WL 681387

Supreme Court of Florida | Filed: Nov 27, 1996 | Docket: 1508294

Cited 2 times | Published

affecting the credibility of the witness. See § 90.612(2), Fla. Stat. (1993). Thus, as a general rule

M.W. v. State

263 So. 3d 214

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64702748

Cited 1 times | Published

control" over the interrogation of witnesses. See § 90.612(1), Fla. Stat. (2017). *216Because we find that

& SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc.

175 So. 3d 204

Supreme Court of Florida | Filed: May 7, 2015 | Docket: 2655276

Cited 1 times | Published

several reasons. First, the plain'language of section 90.612(2), Florida Statutes, expressly provides trial

Fischer v. Fischer

55 So. 3d 725, 2011 Fla. App. LEXIS 2693, 2011 WL 743431

District Court of Appeal of Florida | Filed: Mar 4, 2011 | Docket: 2407850

Cited 1 times | Published

and develop a complete record for appeal. See § 90.612, Fla. Stat. (2010).

Chandler v. Crosby

454 F. Supp. 2d 1137, 2006 U.S. Dist. LEXIS 8258, 2006 WL 305918

District Court, M.D. Florida | Filed: Feb 8, 2006 | Docket: 2451620

Cited 1 times | Published

which was "clearly outside the scope of direct"); § 90.612(2), Fla. Stat. (1993) (limiting cross examination

Ketterson v. Estate of Bruns

711 So. 2d 613, 1998 Fla. App. LEXIS 5618, 1998 WL 250715

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 64781144

Cited 1 times | Published

truth” and “[a]void needless consumption of time.” § 90.612(1)(a) & (b), Fla. Stat. (1997). The admission

Universal Property & Casualty Insurance Company v. Dr. Elias Chousleb

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188030

Published

witness testimony. We would observe that section 90.612(1)(b), Florida Statutes [] expressly requires

Gonzalo Bouquet v. Joanna Jones

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69845806

Published

and presentation, the discovery of the truth.” § 90.612(1)(a), Fla. Stat. (2025); see also Ketterson

Brianne Middlebrook v. State of Florida

District Court of Appeal of Florida | Filed: Mar 7, 2025 | Docket: 69714793

Published

. [s]howing that the witness is biased.” Section 90.612(2), Florida Statutes (2022), likewise provides

Evans, Evans v. Gulf Landings Association, Inc.

District Court of Appeal of Florida | Filed: Oct 25, 2024 | Docket: 69309858

Published

prevent the needless presentation of evidence. Section 90.612(1), Florida Statutes (2022), requires trial

D. W. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 21, 2024 | Docket: 68873749

Published

60 (Fla. 1st DCA 1958)). To that end, section 90.612(1), Florida Statutes (2022), expressly obligates

Tanshanny T. Wright v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2019 | Docket: 16068374

Published

and “[a]void needless consumption of time.” § 90.612(1)(a)-(b), Fla. Stat. (2008). Further, a trial

M.W. v. State

263 So. 3d 214

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64702749

Published

control" over the interrogation of witnesses. See § 90.612(1), Fla. Stat. (2017). *216Because we find that

M.W. v. State

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485410

Published

control” over the interrogation of witnesses. See § 90.612(1), Fla. Stat. (2017). Because we find

E.T., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

261 So. 3d 593

District Court of Appeal of Florida | Filed: Jan 2, 2019 | Docket: 8468342

Published

truth, and (2) avoid needless consumption of time. § 90.612(1)(a), (b), Fla. Stat. (2018). “When required

Abaunza v. State

180 So. 3d 1201, 2015 Fla. App. LEXIS 18554, 2015 WL 8519504

District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 60252297

Published

to an abuse of discretion standard); see also § ■90.612(1), Fla. Stat. Appellant additionally argues that

K.P. v. State

90 So. 3d 890, 2012 WL 2122162, 2012 Fla. App. LEXIS 9580

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60309680

Published

questions should be permitted on cross-examination.” § 90.612(3), Fla. Stat. (2010). There was no reason why

Poland v. Zaccheo

82 So. 3d 133, 2012 WL 469813, 2012 Fla. App. LEXIS 2269

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 60306092

Published

discretion, permit inquiry into additional matters.” § 90.612(2), Fla. Stat. (2008); see also Boyd v. State

Garcia v. State

974 So. 2d 1154, 2008 WL 372935

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1717821

Published

regarding his purported love for his wife. See § 90.612(2), Fla. Stat. (2006); Brown v. State, 756 So

J.R. v. State

923 So. 2d 1269, 2006 Fla. App. LEXIS 4359, 2006 WL 778619

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64843081

Published

courtroom during the prosecution's case. See also § 90.612(l)(a), Fla. Stat. (2004) ("The judge shall exercise

Lion Plumbing Supply, Inc. v. Suarez

844 So. 2d 768, 2003 Fla. App. LEXIS 7080, 2003 WL 21075089

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 64822755

Published

Ehrhardt, § 403.1, at 159-60 (2002); see also § 90.612(l)(b), Fla. Stat. (1999). The application of a

Borroto v. State

829 So. 2d 272, 2002 Fla. App. LEXIS 13478, 2002 WL 31093929

District Court of Appeal of Florida | Filed: Sep 20, 2002 | Docket: 64818569

Published

witnesses to avoid needless consumption of time. § 90.612(1), Fla. Stat. (1999). Further, we see no abuse

Washington v. State

758 So. 2d 1148, 2000 Fla. App. LEXIS 4245

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64797544

Published

door to the state’s redirect examination. See § 90.612, Fla. Stat. (1999). On the remaining issue, we

Yates v. State Farm Mutual Automobile Insurance

746 So. 2d 1161, 1999 Fla. App. LEXIS 15638, 1999 WL 1062470

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64792960

Published

allowing evidence of the suspension was error. Section 90.612(2), Florida Statutes (1997) provides: Cross-examination

Washington v. State

737 So. 2d 1208, 1999 Fla. App. LEXIS 10059

District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 64789652

Published

discretion, permit inquiry into additional matters. § 90.612(2), Fla. Stat. (1997); Sanders v. State, 707 So

Davila v. State

716 So. 2d 855, 1998 Fla. App. LEXIS 11311, 1998 WL 558779

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64782492

Published

examination that he voluntarily left his employment. See § 90.612(2), Fla. Stat. (1996); see also Coco v. State

Joseph F. Maimone Security & Investigations, Inc. v. American Express Travel Related Services, Inc.

598 So. 2d 272, 1992 Fla. App. LEXIS 5210, 1992 WL 98307

District Court of Appeal of Florida | Filed: May 12, 1992 | Docket: 64667144

Published

cumulative to testimony already received. See § 90.612(1), Fla.Stat. (1991). In light of the affirmance

Smith v. Gardy

569 So. 2d 504, 1990 Fla. App. LEXIS 7926, 1990 WL 155065

District Court of Appeal of Florida | Filed: Oct 17, 1990 | Docket: 64654251

Published

limiting cross-examination to that subject. See § 90.612(2), Fla.Stat. (1987). As to the plaintiffs’ deposition

Murrell v. Edwards

504 So. 2d 35, 1987 Fla. App. LEXIS 7927, 12 Fla. L. Weekly 759

District Court of Appeal of Florida | Filed: Mar 12, 1987 | Docket: 64625897

Published

puts words in his mouth to be echoed back. Section 90.612(3)(a), Florida Statutes (1985) provides that

Rivera v. State

462 So. 2d 540, 10 Fla. L. Weekly 164, 1985 Fla. App. LEXIS 11872

District Court of Appeal of Florida | Filed: Jan 11, 1985 | Docket: 64609446

Published

order of the interrogation of witness*544es,” Section 90.612, Florida Statutes (1979), this court has recognized

Mendoza v. State

427 So. 2d 212, 1983 Fla. App. LEXIS 27938

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 64595251

Published

U.S. -, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). § 90.612, Fla.Stat. (1981); Ellis v. State, 25 Fla. 702

Mendoza v. State

427 So. 2d 212, 1983 Fla. App. LEXIS 27938

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 64595251

Published

U.S. -, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982). § 90.612, Fla.Stat. (1981); Ellis v. State, 25 Fla. 702