90.612

Mode and order of interrogation and presentation.

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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.

Notes of Decisions

Cited in 73 cases (6 in the last 5 years), 1981–2026 · leading case: Erp v. Carroll

Sort: Relevance Newest Treatment

Erp v. Carroll (1983) fladistctapp · cites it 8× “Fla. Stat. § 90.612 (3)(a), (1981). On the other hand there is a similar assumption that a witness did give favorable testimony to the calling party and that the adverse party generally needs, and should be given, the advantage of using leading questions on cross-examination of…”

Chandler v. State (1997) fla · cites it 4× “1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was "clearly outside the scope of direct"); § 90.612(2), Fla. Stat. (1993)(limiting cross examination "to the subject matter of direct examination and matters affecting the…”

Gosciminski v. State (2013) fla · cites it 3× “However, Goseiminski’s counsel was not permitted to question Thomas about this alleged drug and alcohol use on cross-examination. The Florida Evidence Code provides that “[c]ross-examination of a witness is limited to the subject matter of the direct examination and matters…”

Boyd v. State (2005) fla · cites it 2× “Section 90.612(2), Florida Statutes (2001), states, "Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

Johnson v. State (2007) fla · cites it 2× “Because the trial court acted within its discretion to permit the testimony while Vitale was still on the witness stand, we need not decide whether the question exceeded the permissible scope of redirect.”

Rimmer v. State (2002) fla · cites it 2× “While a trial court has the right to control the mode and order of the interrogation of witnesses and the presentation of evidence, *322 see § 90.612, Fla. Stat. (2000), and the decision as to whether to permit rebuttal testimony falls within the broad discretion of the trial…”

Geralds v. State (1996) fla · cites it 3× “Section 90.612(2), Florida Statutes (1993), states that "[c]ross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

& SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc. (2015) fla · cites it 5× “§ 90.612, Fla. Stat. (2002) (“Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

Lindsey v. State (2009) fla · cites it 4× “Section 90.612(2), Florida Statutes (2006), provides: Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

Hunter v. State (1995) fla · cites it 2× “Section 90.612(2), Florida Statutes (1993), states that "[c]ross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

Rafael Andres v. State of Florida (2018) fla · cites it 2× “Thus, Andres is not entitled to relief on this claim. Cross-Examination Andres argues that the trial court improperly limited cross-examination of three witnesses: (A) Jose Perez, (B) Lisbeth Farinas, and (C) Alberto Ruiz.”

Smith v. State (2009) fla · cites it 2× “The Florida Evidence Code provides that “[cjross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

Show all 73 citing cases →

— 90.612(1) — 11 cases

Love v. State (2008) fladistctapp

Pulcini v. State (2010) fladistctapp

Slocum v. State (2000) fladistctapp

State v. Stone (2010) fladistctapp

M.W. v. State (2019) fladistctapp

— 90.612(1)(a) — 6 cases

E.T., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES (2019) fladistctapp

Ketterson v. Estate of Bruns (1998) fladistctapp

Gonzalo Bouquet v. Joanna Jones (2025) fladistctapp

D. W. v. STATE OF FLORIDA (2024) fladistctapp

— 90.612(1)(b) — 6 cases

Johnson v. State (2007) fla “Because the trial court acted within its discretion to permit the testimony while Vitale was still on the witness stand, we need not decide whether the question exceeded the permissible scope of redirect.”

Wolowitz v. Thoroughbred Motors, Inc. (2000) fladistctapp

Robinson v. State (1998) fla

Tobin v. Leland (2001) fladistctapp

Universal Property & Casualty Insurance Company v. Dr. Elias Chousleb (2025) fladistctapp

— 90.612(2) — 30 cases

Chandler v. State (1997) fla “1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was "clearly outside the scope of direct"); § 90.612(2), Fla. Stat. (1993)(limiting cross examination "to the subject matter of direct examination and matters affecting the…”

Gosciminski v. State (2013) fla “However, Goseiminski’s counsel was not permitted to question Thomas about this alleged drug and alcohol use on cross-examination. The Florida Evidence Code provides that “[c]ross-examination of a witness is limited to the subject matter of the direct examination and matters…”

Boyd v. State (2005) fla “Section 90.612(2), Florida Statutes (2001), states, "Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

Geralds v. State (1996) fla “Section 90.612(2), Florida Statutes (1993), states that "[c]ross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

Lindsey v. State (2009) fla “Section 90.612(2), Florida Statutes (2006), provides: Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness.”

— 90.612(3) — 2 cases

Erp v. Carroll (1983) fladistctapp “Fla. Stat. § 90.612 (3)(a), (1981). On the other hand there is a similar assumption that a witness did give favorable testimony to the calling party and that the adverse party generally needs, and should be given, the advantage of using leading questions on cross-examination of…”

K.P. v. State (2012) fladistctapp

— 90.612(3)(a) — 1 case

Murrell v. Edwards (1987) fladistctapp

— 90.612(l)(a) — 2 cases

McCray v. State (2011) fla

J.R. v. State (2006) fladistctapp

— 90.612(l)(b) — 2 cases

Woodson v. Go (2015) fladistctapp

Lion Plumbing Supply, Inc. v. Suarez (2003) fladistctapp

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