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Florida Statute 90.706 | Lawyer Caselaw & Research
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F.S. 90.706 Case Law from Google Scholar Google Search for Amendments to 90.706

The 2024 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.706
90.706 Authoritativeness of literature for use in cross-examination.Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other writing may be used in cross-examination of an expert witness if the expert witness recognizes the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative, or, notwithstanding nonrecognition by the expert witness, if the trial court finds the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative and relevant to the subject matter.
History.s. 18, ch. 78-361; s. 2, ch. 78-379.

F.S. 90.706 on Google Scholar

F.S. 90.706 on Casetext

Amendments to 90.706


Arrestable Offenses / Crimes under Fla. Stat. 90.706
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.706.



Annotations, Discussions, Cases:

Cases Citing Statute 90.706

Total Results: 20

R.J. REYNOLDS TOBACCO COMPANY v. KENNETH GLOGER, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-01T23:53:00-08:00

Snippet: had attempted to make cigarettes safer. Section 90.706, Florida Statutes (2019) provides: Statements…requisite predicate of authoritativeness under section 90.706, it was error for the trial court to permit plaintiff

PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etc

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 228 So. 3d 115

Snippet: authoritative publications derives from section 90.706, Florida Statutes (2015), which allows the use …, 208 (Fla. 1st DCA 2017). Because section 90.706 only provides for the use of such treatises or

State of Florida Department of Corr. v. Andrew Junod

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-13T00:00:00-07:00

Citation: 217 So. 3d 200, 2017 Fla. App. LEXIS 5231

Snippet: opinions expressed in treatises authored by others. § 90.706, Fla. Stat.; Linn v. Fossum, 946 So.2d…direct examination). This result flows from section 90.706 of the Florida Evidence Code, which prohibits the

Doctors Company v. Plummer

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-20T00:00:00-08:00

Citation: 210 So. 3d 711, 2017 Fla. App. LEXIS 599

Snippet: even assuming its authenticity). Although section 90.706, Florida Statutes (2014), permits statements of

McDuffie v. Uribe

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-19T00:00:00-08:00

Citation: 133 So. 3d 947, 2012 WL 6602660, 2012 Fla. App. LEXIS 21721

Snippet: the order below and remand for a new trial. See § 90.706, Florida Statutes (2011); Linn v. Fossum, 946 So

Benjamin v. Tandem Healthcare, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-27T00:00:00-07:00

Citation: 93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

Snippet: Stat. (2009). The Estate responded that section 90.706, Florida Statutes (2009)3, was dispositive and …objections regarding improper bolstering under section 90.706. Nonetheless, Dr. Meyerson testified from his own… without any complications or side effects. . 90.706 Authoritativeness of literature for use in cross-examination

Nationwide Mutual Fire Insurance Co. v. Darragh

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-08T00:00:00-07:00

Citation: 95 So. 3d 897, 2012 WL 2051075, 2012 Fla. App. LEXIS 9201

Snippet: cross-examination of an expert witness ....”§ 90.706, Fla. Stat. (2010). “Section 90.706 does not permit statements in

Duss Ex Rel. Regions Bank v. Garcia

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-06T00:00:00-08:00

Citation: 80 So. 3d 358, 2012 Fla. App. LEXIS 44, 2012 WL 28795

Snippet: So.2d 601, 602 (Fla. 1st DCA 1981); see also § 90.706, Fla. Stat. (2010) (providing that authoritative…404, 407 (Fla. 4th DCA 2003). And "[s]ection 90.706 does not permit statements in a learned treatise

Oken v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-30T00:00:00-07:00

Citation: 23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853

Snippet: evidence, absent a party’s stipulation. Section 90.706, Florida Statutes (2007), the evidence rule that…statement applicable here as follows: Under section 90.706, Florida Statutes (1991), authoritative publications…Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981). Section 90.706 does not allow statements in a learned treatise…substantive use of Internet information, and section 90.706 prohibits the use of a learned treatise as substantive…clear precedential relevance of Green and section 90.706, the majority opinion relies upon a factually unrelated

Caban v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-20T00:00:00-07:00

Citation: 9 So. 3d 50, 2009 Fla. App. LEXIS 2276, 2009 WL 722049

Snippet: that this was improper impeachment. See e.g., § 90.706, Fla. Stat. (2007); Sanchez v. Nerys, 954 So.2d

State v. Childers

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-23T00:53:00-07:00

Citation: 979 So. 2d 412

Snippet: what it received when it sold the property ($1,090,706.50), plus costs attributable to maintaining the

Department of Children & Family Services v. D.W.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-10T00:00:00-08:00

Citation: 946 So. 2d 620, 2007 Fla. App. LEXIS 171, 2007 WL 57566

Snippet: regarding the contents of these articles. Section 90.706, Florida Statutes (2004), provides that statements…Study. The Third District held as follows: Section 90.706 does not permit statements in a learned treatise

Linn v. Fossum

Court: Fla. | Date Filed: 2006-11-01T23:53:00-08:00

Citation: 946 So. 2d 1032

Snippet: Expert testimony is governed by sections 90.702-90.706, Florida Statutes (2005). Section 90.702 provides…authoritative can be used in cross-examination. See § 90.706, Fla. Stat.[2] Section 90.704, which was modeled…testifying. See 695 So.2d at 455. Under section 90.706, which allows the use of authoritative literature…." Schwarz, 695 So.2d at 455. [2] Section 90.706 provides: Statements of facts or opinions on a

Phillip Morris, Inc. v. Janoff

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-27T00:00:00-07:00

Citation: 901 So. 2d 141, 2004 Fla. App. LEXIS 15898, 2004 WL 2389915

Snippet: plaintiff moved in li-mine, pursuant to section 90.706, Florida Statutes (2002), to preclude the defense… granting a new trial. We disagree. *144Section 90.706, Florida Statutes (2002), titled, “Authoritativeness… relevant to the subject matter. “Under section 90.706, authoritative publications can only be used during

Hargrove v. Howell

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-07T00:00:00-07:00

Citation: 884 So. 2d 960, 2004 Fla. App. LEXIS 4573, 2004 WL 730846

Snippet: during cross-examination of an expert under section 90.706, Florida Statutes, but may not be used to bolster

Whitfield v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-14T00:00:00-07:00

Citation: 859 So. 2d 529, 2003 Fla. App. LEXIS 15390, 2003 WL 22331090

Snippet: regarding the trial court’s application of section 90.706, Florida Statutes (2001), to prevent the defense…short falls. The state objected, relying on section 90.706, Florida Statutes (2001), which provides: Authoritativeness…for cross-examination of medical experts. Section 90.706 permits the opposing party to cross-examine by …Whitfield failed to meet his burden under section 90.706, his convictions are AFFIRMED. ERVIN, ALLEN and

Donshik v. Sherman

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-10T00:53:00-07:00

Citation: 861 So. 2d 53

Snippet: otherwise violative of section 90.706 of the Florida Evidence Code. See § 90.706, Fla. Stat. (1987). This objection…plaintiff's case in chief in violation of section 90.706 of Florida's Evidence Code. According to this…authoritative and relevant to the subject matter. Section 90.706 does not permit statements in a learned treatise…606, 609 (Fla. 4th DCA 1993) ("Under section 90.706, ... authoritative publications can only be used…that a publication cannot be used under section 90.706 to "supplement the opinion of the doctor which

Liberatore v. Kaufman

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-04T23:53:00-08:00

Citation: 835 So. 2d 404

Snippet: that a treatise agrees with their opinion. See § 90.706, Fla. Stat. (2000)[2]; Chorzelewski v. Drucker,…4th DCA 1993) (stating that "[u]nder section 90.706, Florida Statutes (1991), authoritative publications…Kaufman in the amount of $16,030.00. [2] Section 90.706 provides in part: Authoritativeness of literature

Fravel v. Haughey

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-18T00:00:00-08:00

Citation: 727 So. 2d 1033

Snippet: failure to recognize the writing or the author. See § 90.706, Fla. Stat. (1995). In such situations, the trial

Kirkpatrick v. Wolford

Court: Fla. Dist. Ct. App. | Date Filed: 1998-01-02T00:00:00-08:00

Citation: 704 So. 2d 708, 1998 Fla. App. LEXIS 2, 1998 WL 2506

Snippet: ” is a higher standard than required by section 90.706 and that “the real question is whether they are…not state what standard was used. THE LAW Section 90.706, Florida Statutes, provides: Authoritativeness …authoritative and relevant to the subject matter. § 90.706, Fla. Stat. (1995) (emphasis added). Hence, even…is little Florida case law interpreting section 90.706 or providing guidance as to what standard must