Florida Statute 90.958 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.958

90.958 Functions of court and jury.—

(1) Except as provided in subsection (2), when the admissibility under this chapter of other evidence of the contents of writings, recordings, or photographs depends upon the existence of a preliminary fact, the question as to whether the preliminary fact exists is for the court to determine.

(2) The trier of fact shall determine whether:

(a) The asserted writing ever existed.

(b) Another writing, recording, or photograph produced at the trial is the original.

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

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Amendments to 90.958

Arrestable Offenses / Crimes under Fla. Stat. 90.958

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.958.

Annotations, Discussions, Cases:

Cases Citing Statute 90.958

Total Results: 2

Dean v. Dean

Court: District Court of Appeal of Florida | Date Filed: 1992-11-04

Citation: 607 So. 2d 494, 1992 WL 324856

Snippet: references to the Florida Evidence Code, sections 90.101-90.958, Florida Statutes (1991), are thus: "FEC section

Gimenez v. Barry

Court: District Court of Appeal of Florida | Date Filed: 1991-01-08

Citation: 572 So. 2d 35, 1991 Fla. App. LEXIS 91, 1991 WL 686

Snippet: PER CURIAM. Finding that the conclusory affidavit submitted by defendants in support of their motion for summary judgment failed to demonstrate the absence of genuine issues of material fact, Holl v. Talcott, 191 So.2d 40 (Fla.1966); North Broward Hosp. Dist. v. Royster, 544 So.2d 1131 (Fla. 4th DCA 1989); Gruber v. Mount Sinai Hosp. of Greater Miami, Inc., 487 So.2d 76 (Fla. 3d DCA 1986); Brooks v. Serrano, 209 So.2d 279 (Fla. 4th DCA 1968), we reverse the final summary judgment. Reversed and remanded