90.953
Admissibility of duplicates.
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90.953 Admissibility of duplicates.—A duplicate is admissible to the same extent as an original, unless:
(1) The document or writing is a negotiable instrument as defined in s. 673.1041, a security as defined in s. 678.1021, or any other writing that evidences a right to the payment of money, is not itself a security agreement or lease, and is of a type that is transferred by delivery in the ordinary course of business with any necessary endorsement or assignment.
(2) A genuine question is raised about the authenticity of the original or any other document or writing.
(3) It is unfair, under the circumstance, to admit the duplicate in lieu of the original.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 57, ch. 92-82; s. 29, ch. 99-2; s. 142, ch. 2025-92.
Notes of Decisions
Cited in 43
cases (4 in the last 5 years), 1977–2025 · leading case: Deutsche Bank National Trust Co. v. Clarke
Deutsche Bank National Trust Co. v. Clarke (2012)
“The Requirement to Produce the Original Note at Trial This case turns on the application of section 90.953, Florida Statutes (2010). Popularly known as the best evidence rule, section 90.”
Heller v. Bank of America, N.A. (2017)
“Defense counsel objected pursuant to section 90.953, Florida Stat *643 utes (2014), commonly known as the best evidence rule, because the note was a copy rather than the original.”
Deutsche Bank National Trust Company v. Hagstrom (2016)
“And section 702.01 provides that "[a]ll mortgages shall be foreclosed in equity.”
Rainess v. Estate of MacHida (2012)
“” Thus, if a duplicate is properly admitted under section 90.953, it also precludes consideration of secondary evidence.”
CITIGROUP MORTGAGE LOAN TRUST, ETC v. SHARON SCIALABBA (2018)
“Turning to the arguments regarding compliance with the condition precedent of notice of default and of the right to cure, as stated above, the 1 We do not address the issue of whether a copy of the modification agreement attached to a certified copy of the complaint met the…”
Bank of New York Mellon v. Garcia (2018)
“Garcia asserted that section 90.953, Florida Statutes (2016), which provides for admission of duplicates in lieu of originals, was inapplicable because the loan modification agreement is a “negotiable instrument,” and thus excluded under the express language of section 90.”
Perry v. Fairbanks Capital Corp. (2004)
“Section 90.953, Florida Statutes (2002), however, indicates that duplicates are admissible unless a genuine question is raised about the authenticity of the original, or it is unfair to admit the duplicate, or: The document or writing is a negotiable instrument as defined in s.”
JOANNE LIUKKONEN v. BAYVIEW LOAN SERVICING LLC (2018)
“§ 90.953, Fla. Stat. (2016). Affirmed. LEVINE and CONNER, JJ.”
State Street Bank and Trust Co. v. Lord (2003)
“§ 90.953(1), Fla. Stat. (2002); W.H. Downing v.”
Tillman v. Smith (1985)
“Whether a duplicate copy is admissible is controlled by section 90.953, Florida Statutes (1983): Admissibility of Duplicates.”
Bryant v. State (2002)
“§ 90.953, Fla. Stat. (2000). Even though no witness directly identified the persons the original, time lapse videotapes (which were never shown to the jury) depict, the defense conceded their identity, and explicitly refrained from any objection on that ground.”
In Re Amendments to Fla. Evidence Code (2000)
“503, Florida Statutes, Psychotherapist-patient privilege); 99-2, section 29 (amending section 90.953, Florida Statutes, Admissibility of duplicates); 99-8, section 5 (amending section 90.”
— 90.953(1) — 15 cases
Deutsche Bank National Trust Co. v. Clarke (2012)
“The Requirement to Produce the Original Note at Trial This case turns on the application of section 90.953, Florida Statutes (2010). Popularly known as the best evidence rule, section 90.”
Heller v. Bank of America, N.A. (2017)
“Defense counsel objected pursuant to section 90.953, Florida Stat *643 utes (2014), commonly known as the best evidence rule, because the note was a copy rather than the original.”
Deutsche Bank National Trust Company v. Hagstrom (2016)
“And section 702.01 provides that "[a]ll mortgages shall be foreclosed in equity.”
State Street Bank and Trust Co. v. Lord (2003)
“§ 90.953(1), Fla. Stat. (2002); W.H. Downing v.”
— 90.953(2) — 4 cases
Van Den Borre v. State (1992)
Rainess v. Estate of MacHida (2012)
“” Thus, if a duplicate is properly admitted under section 90.953, it also precludes consideration of secondary evidence.”
JOANNE LIUKKONEN v. BAYVIEW LOAN SERVICING LLC (2018)
“§ 90.953, Fla. Stat. (2016). Affirmed. LEVINE and CONNER, JJ.”
— 90.953(3) — 1 case
Saporito v. Madras (1991)
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