Florida/Georgia Personal Injury & Workers Compensation

...nger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." [5] We reject the State's alternative position that the prior statements were properly admitted to refresh the witnesses' memories. Section 90.613 does not contemplate that evidence which might otherwise be inadmissible will be paraded in front of the jury in the course of refreshing the witness's memory....

...the single page of the notes that the witness had used when responding to the question about the knives. Geralds argues that he was entitled to all of the witness's notes either under Florida Rule of Criminal Procedure 3.220(b)(1)(x), or pursuant to section 90.613, Florida Statutes (1989)....

...Geralds therefore cannot argue for disclosure of that witness's field notes under paragraph (b)(1)(x) when such notes are specifically exempted from disclosure under paragraph (b)(1)(ii). Geralds's second contention is that defense counsel was entitled to all of the witness's field notes pursuant to section 90.613, Florida Statutes (1989), which provides: When a witness uses a writing or other item to refresh his memory while testifying, an adverse party is entitled to have such writing or other item produced at the hearing, to inspect it, to cr...

Sas's request to examine Greenlee's notes. See § 90.613, Fla. Stat. (2011); Merlin v. Boca Raton Cmty

...owing him a Miranda card which Reese purportedly read to R.A.B. Again, the court erroneously sustained the defendant's hearsay objection. A writing used to refresh recollection need not be one which was made by or previously seen by the witness, see § 90.613, Fla....

...ion. Because the letter was based upon information from an outside source it was inadmissible as a DOT public record under section 90.803(8). The final evidentiary issue is whether the letter was properly used to refresh Mr. Claussen's recollection. Section 90.613, Florida Statutes (1997), permits a party to refresh a witness's recollection by showing the witness a writing, whether prepared by the witness or some other person....

...uire that strip of land." Clearly, neither DOT's counsel nor Mr. Claussen, under these facts, was competent to testify to the state of Mr. Thompson's knowledge. The letter's use as a memory refreshing device did not meet the predicate requirement of section 90.613....

...This finding appears by implication to be the basis on which the court ordered the notes to be made available to defendant Stern just prior to redeposition of plaintiff Mr. Merlin, so that the notes may be used for the purpose of questioning Mr. Merlin. One might infer, therefore, that the trial court was applying section 90.613, Florida Statutes (1983). That section of our evidence code states: 90.613....

...Petitioner contends that the insurance adjuster took Mr. Richards' statement in anticipation of litigation and it is therefore protected under the work product rule. Respondent contends that Mr. Richards referred to the statement to refresh his recollection, thereby entitling him to the statement under Section 90.613, Florida Statutes (1983). Section 90.613 provides in part that: When a witness uses a writing or other item to refresh his memory while testifying, an adverse party is entitled to have such writing or other item produced at the hearing, to inspect it, to cross-examine the witness thereon......

...Appellant claims that the State's use of the statement constituted improper impeachment. The State maintains that it used the statement only to refresh appellant's recollection *398 concerning Ms. Abraham's statements to appellant about the alleged break-in of appellant's apartment. The State misplaces its reliance on section 90.613, Florida Statutes (1997), as support for its argument that the statement could be used to refresh appellant's recollection of Ms....

...ot testify to the fact. It is the witness' testimony as to the substance of his recollection which constitutes the evidence, when a writing revives present recollection. See Charles W. Ehrhardt, Florida Evidence § 613.1, at 527 (2000 ed.); see also § 90.613, Fla....

...me question at trial—that engenders a variety of objections and rulings at trial. The correct practice is to begin by asking the witness to read the pertinent parts of the prior statement silently in an effort to refresh the witness's recollection (section 90.613, Florida Statutes (2010)), and then to re-ask the question....

stated purpose of refreshing his recollection. See § 90.613, Fla.Stat. (1983); McCormick On Evidence § 9 (Clearly

made by or previously seen by the witness, see § 90.613, Fla. Stat. (1979); Garrett v. Morris Kirschman

be refreshed through a “writing or other item.” § 90.613, Fla. Stat. (2015). Further, while any party may

to the testimony of the witness, in evidence. § 90.613, Fla.Stat. (1993). "A defendant who takes the

...Boca Aviation moved to compel production of the documents Wheeler had reviewed before the deposition. The motion noted that if a witness refers to documents to refresh his memory while testifying, the adverse party is entitled to inspect the items and to cross-examine the witness about them. § 90.613, Fla....

...Wilkinson, 724 So.2d 717 (Fla. 5th DCA 1999) and Merlin. Believing that Merlin requires production, the trial court granted the motion to compel. We agree with petitioner that Boca Aviation and the trial court have misread Merlin. In Merlin, we recognized that section 90.613, Florida Statutes, applies only to documents a witness refers to "while testifying." Although there is no obligation under this statute to produce documents a witness uses prior to testifying, we held that the trial court may allow ins...

...ent without undue hardship. Fla. R. Civ. P. 1.280(b)(3). Boca Aviation suggests these documents would be discoverable under Federal Rule of Evidence 612. However, there is no reason to look to the federal rules because Florida law is not comparable. Section 90.613, Florida Statutes only requires discovery if the witness used the document "while testifying." In addition, there is no common law right in Florida to discovery of documents used to prepare a party to testify....

Justus v. State, 438 So.2d 358 (Fla.1983); Section 90.613, Florida Statutes *1228(1989); Section 924

...In summary, we affirm the defendant's convictions. GERSTEN and GODERICH, JJ., concur. *1119 COPE, Judge (specially concurring). I concur. As to the final point on appeal, the defendant's request to introduce the document into evidence should have been handled in accordance with the Evidence Code, section 90.613, Florida Statutes (1991)....

Evidence § 613.1, at 527 (2000 ed.); see also § 90.613, Fla. Stat. (1999); Garrett v. Morris Kirschman