92.231
Expert witnesses; fee.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
92.231 Expert witnesses; fee.—
(1) The term “expert witness” as used herein shall apply to any witness who offers himself or herself in the trial of any action as an expert witness or who is subpoenaed to testify in such capacity before a state attorney in the investigation of a criminal matter, or before a grand jury, and who is permitted by the court to qualify and testify as such, upon any matter pending before any court.
(2) Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in an amount agreed to by the parties, and the same shall be taxed as costs. In instances where services are provided for the state, including for state-paid private court-appointed counsel, payment from state funds shall be in accordance with standards adopted by the Legislature.
(3) In a criminal case in which the state or an indigent defendant requires the services of an expert witness whose opinion is relevant to the issues of the case, the expert witness shall be compensated in accordance with standards adopted by the Legislature.
History.—ss. 1, 2, ch. 25090, 1949; s. 19, ch. 29737, 1955; s. 1, ch. 59-201; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 512, ch. 95-147; s. 78, ch. 2003-402; s. 37, ch. 2005-236.
Note.—Former s. 90.231.
Notes of Decisions
Cited in 56
cases (8 in the last 5 years), 1980–2026 · leading case: Massey v. David
Massey v. David (2008)
“(1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely procedural *936 nature of section 57.”
Travieso v. Travieso (1985)
“Tallardy held that, pursuant to section 92.231, Florida Statutes (1981), expert witness fees may be taxed as costs for a lawyer who testifies as an expert regarding the value of a reasonable attorney's fee for counsel for one of the parties.”
Moakley v. Smallwood (2002)
“Therefore, I would quash the district court's decision and remand with instructions that in this case the trial court's award of monetary sanctions be stricken. I would join in sending the issue of bad faith sanctions against lawyers to the rules committees.”
B & H Const. & Supply Co., Inc. v. Dist. Bd. of Trustess, Tallahassee Com. College of Fla. (1989)
“TCC's third point on cross appeal is that the trial court should have awarded the additional fees and costs for services rendered by TCC's architect at the arbitration proceeding, pursuant to the contract and section 92.231, Florida Statutes (1987). [9] TCC contends that these…”
Murphy v. Tallardy (1982)
“The authority for allowing expert witness fees is contained in Section 92.231, Florida Statutes (1981), which provides: 92.”
Lana v. Assimakopoulos-Panuthos (2017)
“In this appeal, Baskin argues for the first time that his judgment should be affirmed because he was entitled to the fee under section 92.231, Florida Statutes (2015). Notably, this was not the basis asserted for the award in Baskin’s “notice of intent” to seek a fee, nor was it…”
Thursby v. Reynolds Metals Co. (1985)
“We conclude that while here there was no specific evidence presented as to the actual hours each witness expended to prepare for his testimony, it was reasonable for the trial court, with knowledge of the length and the type of testimony given by each witness, to determine these…”
B & L MOTORS, INC. v. Bignotti (1983)
“Appellee also cross-appeals the trial court's refusal to tax as costs the fees for attorney expert witnesses who testified at the hearing on attorney's fees. We affirm on this issue. We recognize that the Fourth District Court of Appeal, in a carefully reasoned opinion, recently…”
Estate of Cort v. Broward County Sheriff (2002)
“(1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely procedural nature of section 57.”
Lafferty v. Lafferty (1982)
“In reaching its decision, the court there relied upon section 92.231, Florida Statutes (1981), which is the only statute on the subject pertaining to civil actions.”
Powell v. Barnes (1993)
“Accordingly, we reverse that portion of the contested cost judgment of 4,026.”
Bystrom v. Mutual of Omaha Ins. (1990)
“Appellant, Franklin Bystrom, the Dade County Property Appraiser, appeals a post-judgment order refusing to tax an expert witness fee as costs, pursuant to section 92.231, Florida Statutes (1989). We affirm.”
— 92.231(1) — 2 cases
McCoy v. City of Alachua (2008)
— 92.231(2) — 24 cases
Massey v. David (2008)
“(1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely procedural *936 nature of section 57.”
Thursby v. Reynolds Metals Co. (1985)
“We conclude that while here there was no specific evidence presented as to the actual hours each witness expended to prepare for his testimony, it was reasonable for the trial court, with knowledge of the length and the type of testimony given by each witness, to determine these…”
Lana v. Assimakopoulos-Panuthos (2017)
“In this appeal, Baskin argues for the first time that his judgment should be affirmed because he was entitled to the fee under section 92.231, Florida Statutes (2015). Notably, this was not the basis asserted for the award in Baskin’s “notice of intent” to seek a fee, nor was it…”
Posner v. Flink (1981)
B & H Const. & Supply Co., Inc. v. Dist. Bd. of Trustess, Tallahassee Com. College of Fla. (1989)
“TCC's third point on cross appeal is that the trial court should have awarded the additional fees and costs for services rendered by TCC's architect at the arbitration proceeding, pursuant to the contract and section 92.231, Florida Statutes (1987). [9] TCC contends that these…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.