Florida Statutes

Fla. Stat. § 90.952 (2025)

Requirement of originals.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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90.952 Requirement of originals.—Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; s. 22, ch. 78-361; s. 1, ch. 78-379.

Notes of Decisions

Cited in 38 cases (3 in the last 5 years), 1982–2024 · leading case: England v. State, 940 So. 2d 389 (Fla. 2006).

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England v. State, 940 So. 2d 389 (Fla. 2006). · cites it 4× “" § 90.952, Fla. Stat. (2005). However, there is an exception to this rule.”

Darling v. State, 966 So. 2d 366 (Fla. 2007). · cites it 2× “Failure to Challenge Fingerprint Evidence Contrary to Darling's assertion, trial counsel was not ineffective for failing to object on the basis of the best evidence rule with regard to the admission of a photograph of a latent fingerprint on the lotion bottle that was found in…”

Perry v. Fairbanks Capital Corp., 888 So. 2d 725 (Fla. 5th DCA 2004). · cites it 3× “Section 90.952, Florida Statutes (2002), indicates that original documents are required to prove the contents of a writing, unless otherwise provided by statute.”

Arkheem J. Lamb v. State of Florida, 246 So. 3d 400 (Fla. 4th DCA 2018). · cites it 2× “The best evidence rule is codified in section 90.952, Florida Statutes (2016): “Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.”

Justus v. State, 438 So. 2d 358 (Fla. 1983). · cites it 2× “The best evidence rule is codified as section 90.952, Florida Statutes (1981), which provides: *365 "Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.”

Marlene Rattigan & Errol Rattigan v. Cent. Mortg. Co., 199 So. 3d 966 (Fla. 4th DCA 2016). · cites it 2× “The best evidence rule, codified at section 90.952, Florida Statutes (2015), says that “[e]xeept as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.”

Johnston v. HUDLETT, 32 So. 3d 700 (Fla. 4th DCA 2010). · cites it 2× “Appellants never raised any objection below based on section 90.952, Florida Statutes, generally referred to as the “best evidence rule,” nor did appellants raise any authenticity objection.”

Reid v. State, 799 So. 2d 394 (Fla. 4th DCA 2001). · cites it 3× “Section 90.952, Florida Statutes (1997), provides that "[e]xcept as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.”

Heller v. Bank of Am., N.A., 209 So. 3d 641 (Fla. 2d DCA 2017). “§ 90.952. Section 90.953 allows for the admission of a duplicate “to the same extent as an original” unless certain exceptions *644 apply.”

Russell v. State, 844 So. 2d 725 (Fla. 5th DCA 2003). · cites it 3× “§ 90.952, Fla. Stat (2000). Section 90.954 of the Florida Statutes (2000) further explains that: 90.”

Bryant v. State, 810 So. 2d 532 (Fla. 1st DCA 2002). · cites it 2× “See § 90.952, Fla. Stat. (2000) ("Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording or photograph.”

T.D.W. v. State, 137 So. 3d 574 (Fla. 4th DCA 2014). · cites it 3× “The Best Evidence Rule Applies Section 90.952, Florida Statutes (2012), commonly known as the “best evidence rule,” provides: Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing,…”

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