Florida Statute 90.952 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.952

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.

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Amendments to 90.952

Annotations, Discussions, Cases:

Cases Citing Statute 90.952

Total Results: 39

England v. State

940 So. 2d 389, 2006 WL 1472909

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 433583

Cited 151 times | Published

evidence rule. The best evidence rule, codified in section 90.952, Florida Statutes (2005), provides that "[e]xcept

Darling v. State

966 So. 2d 366, 2007 WL 2002499

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 13712

Cited 80 times | Published

meritless. "The best evidence rule, codified in section 90.952, Florida Statutes (2005), provides that `[e]xcept

Justus v. State

438 So. 2d 358

Supreme Court of Florida | Filed: Sep 1, 1983 | Docket: 1445923

Cited 46 times | Published

admitted. The best evidence rule is codified as section 90.952, Florida Statutes (1981), which provides: *365

Perry v. Fairbanks Capital Corp.

888 So. 2d 725, 2004 Fla. App. LEXIS 18863, 2004 WL 2827080

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1697260

Cited 15 times | Published

provides the rationale for this conclusion. Section 90.952, Florida Statutes (2002), indicates that original

Johnston v. HUDLETT

32 So. 3d 700, 2010 Fla. App. LEXIS 4211, 2010 WL 1222643

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1662692

Cited 10 times | Published

Appellants never raised any objection below based on section 90.952, Florida Statutes, generally referred to as

WIMBLEDON TOWNHOUSE CONDO v. Wolfson

510 So. 2d 1106, 12 Fla. L. Weekly 1894

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1589068

Cited 9 times | Published

contents of the writing, recording or photograph. § 90.952, Fla. Stat. (1985). It is generally recognized

Joseph Bucheck Const. Corp. v. We Music

420 So. 2d 410

District Court of Appeal of Florida | Filed: Oct 14, 1982 | Docket: 1306978

Cited 9 times | Published

Fla. Jur.2d Evidence & Witnesses § 199 (1980); § 90.952, Florida Statutes (Supp. 1978); cf. Nottingham

Bryant v. State

810 So. 2d 532, 2002 WL 100414

District Court of Appeal of Florida | Filed: Jan 28, 2002 | Docket: 1654794

Cited 7 times | Published

1st DCA 1998) and the best evidence rule. See § 90.952, Fla. Stat. (2000) ("Except as otherwise provided

Insurance Company of North America v. Cooke

624 So. 2d 252, 18 Fla. L. Weekly Supp. 488, 1993 Fla. LEXIS 1416, 1993 WL 365848

Supreme Court of Florida | Filed: Sep 16, 1993 | Docket: 475666

Cited 7 times | Published

offered to prove the contents of the notice. See § 90.952. It appears the printout was relied upon as evidence

ARKHEEM J. LAMB v. STATE OF FLORIDA

246 So. 3d 400

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383139

Cited 6 times | Published

The best evidence rule is codified in section 90.952, Florida Statutes (2016): “Except as otherwise

JH v. State

480 So. 2d 680, 11 Fla. L. Weekly 36

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 1220605

Cited 6 times | Published

constituted a violation of the best evidence rule. Section 90.952, Florida Statutes (1983). The issue at the

Dyer v. State

26 So. 3d 700, 2010 Fla. App. LEXIS 914, 2010 WL 366590

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1468415

Cited 4 times | Published

2004). The "best evidence rule," codified in section 90.952, Florida Statutes (2008), is titled, "Requirement

Russell v. State

844 So. 2d 725, 2003 WL 21032043

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1662230

Cited 4 times | Published

admitted. The best evidence rule is set forth in section 90.952 of Florida Statutes (2000) as follows: 90.952

Harris v. State

755 So. 2d 766, 2000 WL 347066

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 872266

Cited 4 times | Published

he had seen or a copy. Appellant relies on section 90.952, Florida Statutes (1997), which provides:

Allen v. State

492 So. 2d 802, 11 Fla. L. Weekly 1753

District Court of Appeal of Florida | Filed: Aug 11, 1986 | Docket: 478436

Cited 4 times | Published

if the tape itself (as the best evidence, section 90.952, Florida Statutes (1981)) was lost or destroyed

T.D.W. v. State

137 So. 3d 574, 2014 WL 1686462, 2014 Fla. App. LEXIS 6213

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240376

Cited 3 times | Published

of proof. The Best Evidence Rule Applies Section 90.952, Florida Statutes (2012), commonly known as

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

improper bolstering of these witnesses' testimony. Section 90.952, Florida Statutes (1997), provides that "[e]xcept

EFK Collins Corp. v. SMMG, INC

464 So. 2d 214, 10 Fla. L. Weekly 500, 1985 Fla. App. LEXIS 12491

District Court of Appeal of Florida | Filed: Feb 19, 1985 | Docket: 2534971

Cited 3 times | Published

(requirement of authentication or identification) or section 90.952 (requirement of originals), Florida Statutes

J.J. v. State

170 So. 3d 861, 2015 Fla. App. LEXIS 10722, 2015 WL 4268445

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 60249523

Cited 2 times | Published

Florida’s best evidence rule is codified in section 90.952, Florida Statutes (2014). This section provides

McKeehan v. State

838 So. 2d 1257, 2003 WL 1092750

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 461413

Cited 2 times | Published

tape. The best evidence rule is set forth in section 90.952, Florida Statutes (2002), as follows: Except

Griem v. Zabala

744 So. 2d 1139, 1999 WL 973614

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 2541662

Cited 2 times | Published

Moraleses were valid deed holders of Unit 110. Section 90.952, Florida Statutes (1995), requires that the

Hernandez v. Pino

482 So. 2d 450, 11 Fla. L. Weekly 209

District Court of Appeal of Florida | Filed: Jan 14, 1986 | Docket: 1769697

Cited 2 times | Published

availability of defendant's expert witness. Section 90.952, Florida Statutes (1983) states the general

Bank of New York Mellon v. Garcia

254 So. 3d 565

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361267

Cited 1 times | Published

asserting that, under the “Best Evidence Rule” (section 90.952, Florida Statutes (2016)), the original was

JOANNE LIUKKONEN v. BAYVIEW LOAN SERVICING LLC

243 So. 3d 981

District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348088

Cited 1 times | Published

best evidence rule. 480 So. 2d at 682 (citing § 90.952, Fla. Stat. (1983)). The foreclosing bank

Rainess v. Estate of MacHida

81 So. 3d 504, 2012 WL 283089, 2012 Fla. App. LEXIS 1335

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2413470

Cited 1 times | Published

Zabala, 744 So.2d 1139, 1140 (Fla. 3d DCA 1999). Section 90.952 provides that "[e]xcept as otherwise provided

Garcia-Lopez v. Affordable Plumbing/Vinings Insurance Co.

66 So. 3d 1024, 2011 Fla. App. LEXIS 11170, 2011 WL 2752805

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301815

Cited 1 times | Published

admissibility of evidence, not its weight. See § 90.952- 954, Fla. Stat. (2008). In addition, the E/C

Garcia-Lopez v. Affordable Plumbing/Vinings Insurance Co.

66 So. 3d 1024, 2011 Fla. App. LEXIS 11170, 2011 WL 2752805

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301815

Cited 1 times | Published

admissibility of evidence, not its weight. See § 90.952- 954, Fla. Stat. (2008). In addition, the E/C

Garcia v. Lopez

483 So. 2d 470, 11 Fla. L. Weekly 422, 1986 Fla. App. LEXIS 6503

District Court of Appeal of Florida | Filed: Feb 11, 1986 | Docket: 64617465

Cited 1 times | Published

required to prove the contents of a writing, § 90.-952, Fla.Stat. (1983); however, a duplicate is admissible

Leo L. Boatman v. State of Florida

Supreme Court of Florida | Filed: Oct 17, 2024 | Docket: 69270921

Published

introduced into evidence “to prove [its] contents.” § 90.952, Fla. Stat. (2019); Darling v. State, 966 So

JAMES MC CAMPBELL v. FEDERAL NATIONAL MORTGAGE ASSOCIATION

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304684

Published

of the document and remand for a new trial. Section 90.952, Florida Statutes (2012), provides as follows:

LUIS MORALES and CECELIA MORALES v. FIFTH THIRD BANK

238 So. 3d 280

District Court of Appeal of Florida | Filed: Jan 31, 2018 | Docket: 6288113

Published

writing, unless otherwise provided by statute. § 90.952, Fla. Stat. (2016). A duplicate may be admitted

Heller v. Bank of America, N.A.

209 So. 3d 641, 2017 WL 377997, 2017 Fla. App. LEXIS 859

District Court of Appeal of Florida | Filed: Jan 27, 2017 | Docket: 4574691

Published

writing, unless otherwise provided by statute. § 90.952. Section 90.953 allows for the admission of a

Marlene Rattigan and Errol Rattigan v. Central Mortgage Company

199 So. 3d 966, 2016 Fla. App. LEXIS 8328, 2016 WL 3087705

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071357

Published

The best evidence rule, codified at section 90.952, Florida Statutes (2015), says that “[e]xeept

J.J. v. State

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2674008

Published

Florida’s best evidence rule is codified in section 90.952, Florida Statutes (2014). This section provides

Yero v. State

138 So. 3d 1179, 2014 WL 2118156, 2014 Fla. App. LEXIS 7701

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240525

Published

contents of the writing, recording, or photograph.” § 90.952, Fla. Stat. (2012). An exception to this rule

E.V.V. v. State

631 So. 2d 359, 1994 Fla. App. LEXIS 760, 1994 WL 34078

District Court of Appeal of Florida | Filed: Feb 8, 1994 | Docket: 64746100

Published

there was no violation of the best evidence rule, § 90.952, Fla.Stat. (1991); (b) that there was no abuse

In the Interest of J.H. v. State

480 So. 2d 680, 11 Fla. L. Weekly 36, 1985 Fla. App. LEXIS 16887

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 64616392

Published

constituted a violation of the best evidence rule. Section 90.952, Florida Statutes (1983). The issue at the

Morra v. State

467 So. 2d 742, 10 Fla. L. Weekly 881, 1985 Fla. App. LEXIS 13242

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 64611476

Published

other physical evidence. 417 So.2d at 977; see § 90.952, Fla.Stat. (1983). Justice Boyd, concurring in

Jenkins v. Gillen

450 So. 2d 892, 1984 Fla. App. LEXIS 13178

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 64605103

Published

of the best evidence rule — as codified in Section 90.952, Florida Statutes (1981) — to such pronouncements