Florida Statute 90.613 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.613

90.613 Refreshing the memory of a witness.—When a witness uses a writing or other item to refresh 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, and to introduce it, or, in the case of a writing, to introduce those portions which relate to the testimony of the witness, in evidence. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objection shall be preserved and made available to the appellate court in the event of an appeal. If a writing or other item is not produced or delivered pursuant to order under this section, the testimony of the witness concerning those matters shall be stricken.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 491, ch. 95-147.

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Amendments to 90.613

Annotations, Discussions, Cases:

Cases Citing Statute 90.613

Total Results: 18

Morton v. State

689 So. 2d 259, 1997 WL 93765

Supreme Court of Florida | Filed: Mar 6, 1997 | Docket: 1477519

Cited 66 times | Published

admitted to refresh the witnesses' memories. Section 90.613 does not contemplate that evidence which might

Geralds v. State

601 So. 2d 1157, 1992 WL 85110

Supreme Court of Florida | Filed: Apr 30, 1992 | Docket: 364334

Cited 46 times | Published

Criminal Procedure 3.220(b)(1)(x), or pursuant to section 90.613, Florida Statutes (1989).[6] Rule 3.220(b)(1)(x)

Sas v. Federal National Mortgage Ass'n

112 So. 3d 778, 2013 WL 2120264, 2013 Fla. App. LEXIS 7961

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231274

Cited 9 times | Published

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

Claussen v. STATE, DEPT. OF TRANSP.

750 So. 2d 79, 1999 Fla. App. LEXIS 15714, 1999 WL 1075099

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 1432735

Cited 6 times | Published

used to refresh Mr. Claussen's recollection. Section 90.613, Florida Statutes (1997), permits a party to

RAB v. State

399 So. 2d 16

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 1652376

Cited 6 times | Published

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

Merlin v. BOCA RATON COMMUNITY HOSP.

479 So. 2d 236, 10 Fla. L. Weekly 2683

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 1514327

Cited 5 times | Published

therefore, that the trial court was applying section 90.613, Florida Statutes (1983). That section of our

Scotchel Enterprises, Inc. v. Velez

455 So. 2d 1129

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 1316713

Cited 4 times | Published

to the statement under Section 90.613, Florida Statutes (1983). Section 90.613 provides in part that:

KEA v. State

802 So. 2d 410, 2001 WL 1538064

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1332841

Cited 3 times | Published

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

Reid v. State

799 So. 2d 394, 2001 WL 1414529

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 1278371

Cited 3 times | Published

apartment. The State misplaces its reliance on section 90.613, Florida Statutes (1997), as support for its

Harris v. Grunow

71 So. 3d 186, 2011 Fla. App. LEXIS 15285, 2011 WL 4467379

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 2356331

Cited 2 times | Published

effort to refresh the witness's recollection (section 90.613, Florida Statutes (2010)), and then to re-ask

J.G. v. State

213 So. 3d 936, 2017 WL 1014495, 2017 Fla. App. LEXIS 3434

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 60263952

Published

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

Proskauer Rose LLP v. Boca Airport, Inc.

987 So. 2d 116, 2008 WL 2596602

District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 1392714

Published

items and to cross-examine the witness about them. § 90.613, Fla. Stat.; Merlin v. Boca Raton Community Hosp

K.E.A. v. State

802 So. 2d 410, 2001 Fla. App. LEXIS 17073

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810981

Published

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

Pare v. State

656 So. 2d 602, 1995 Fla. App. LEXIS 6779, 1995 WL 371157

District Court of Appeal of Florida | Filed: Jun 23, 1995 | Docket: 64757257

Published

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

Hallman v. State

633 So. 2d 1116, 1994 WL 51856

District Court of Appeal of Florida | Filed: Feb 22, 1994 | Docket: 1296916

Published

handled in accordance with the Evidence Code, section 90.613, Florida Statutes (1991). The point on appeal

Rodriguez v. State

574 So. 2d 1227, 1991 Fla. App. LEXIS 1434, 1991 WL 22573

District Court of Appeal of Florida | Filed: Feb 26, 1991 | Docket: 64656532

Published

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

Peoples Gas System, Inc. v. Hotel Ocean 71 Associates, Ltd.

479 So. 2d 203, 10 Fla. L. Weekly 2614, 1985 Fla. App. LEXIS 17063

District Court of Appeal of Florida | Filed: Nov 26, 1985 | Docket: 64615875

Published

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

R. A. B. v. State

399 So. 2d 16, 1981 Fla. App. LEXIS 19868

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 64582916

Published

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