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Florida Statute 90.108 | Lawyer Caselaw & Research
F.S. 90.108 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.108

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.108
90.108 Introduction of related writings or recorded statements.
(1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section.
(2) The report of a court reporter, when certified to by the court reporter as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 2, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 472, ch. 95-147; s. 5, ch. 95-286.

F.S. 90.108 on Google Scholar

F.S. 90.108 on Casetext

Amendments to 90.108


Arrestable Offenses / Crimes under Fla. Stat. 90.108
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.108.



Annotations, Discussions, Cases:

Cases from cite.case.law:

NOCK, v. STATE, 256 So. 3d 828 (Fla. 2018)

. . . See § 90.108, Fla. Stat. Ann. (2011) (Law Revision Council Note). . . . Of course, that is not how section 90.108(1) operates. . . . (quoting § 90.108, Fla. Stat.) ). . . . Nock's argument runs up against the text of section 90.108(1). . . . See § 90.108(1), Fla. Stat. . . .

W. TUNDIDOR, v. STATE, 221 So. 3d 587 (Fla. 2017)

. . . State, 676 So.2d 394, 402 (Fla. 1996) (quoting § 90.108, Fla. Stat. (1991)); see also Eberhardt v. . . . Here, Anna’s deposition was admissible under section 90.108. . . .

CARTER, v. STATE, 226 So. 3d 268 (Fla. Dist. Ct. App. 2017)

. . . to distinguish a recent Florida Supreme Court case and to further discuss the application of section 90.108 . . . Under the section 90.108(1) rule of completeness, “once a party ‘opens the door’ by introducing part . . . “Fairness is clearly the focus” of section 90.108(1). Jordan v. . . . Because it is not limited to different parts of the same conversation or writing, section 90.108(1) is . . . We noted in our original opinion that section 90.108 has never been given the broad application urged . . . Appellant sought to admit his prior statements under the rule of completeness, codified at section 90.108 . . . Appellant focuses on the plain language of section 90.108(1), which allows not just omitted parts of . . . Using the language of section 90.108(1), “fairness” does not require turning a trial into a voyage on . . . The third district held that section 90.108 allowed the defendant to question the . . . . Johnson is consistent with cases applying section 90.108(1) to require, admission of the portion of a . . .

S. SCHWARTZBERG, v. STATE, 215 So. 3d 611 (Fla. Dist. Ct. App. 2017)

. . . Section 90.108(1), Florida Statutes (2015), provides: When a writing or recorded statement or part thereof . . . admission of any part of a statement “that in fairness ought to be considered contemporaneously.” § 90.108 . . .

NOCK, v. STATE, 211 So. 3d 321 (Fla. Dist. Ct. App. 2017)

. . . .” § 90.108(1), Fla. Stat. (2014) (emphasis added). . . .

CALLOWAY, v. STATE, 210 So. 3d 1160 (Fla. 2017)

. . . (citing § 90.108(1), Fla. Stat. (2007)); Reese v. . . . Neither section 90.803 nor section 90.108 has been substantially altered since 1997, the year of these . . .

NEWTON, v. STATE, 160 So. 3d 524 (Fla. Dist. Ct. App. 2015)

. . . . § 90.108(1), Fla. . . . .” § 90.108(1), Fla. Stat. (2014). . . .

CITY OF JACKSONVILLE, v. R. SMITH, 159 So. 3d 888 (Fla. Dist. Ct. App. 2015)

. . . See, e.g., § 90.108(1), Fla. Stat. . . .

JOHNROE, v. STATE, 152 So. 3d 819 (Fla. Dist. Ct. App. 2014)

. . . Also, the rule of completeness as set forth in section 90.108(1), Florida Statutes (2012), requires that . . .

CAVALIERE, v. STATE, 147 So. 3d 628 (Fla. Dist. Ct. App. 2014)

. . . problematic in this case where only the prejudicial clip was shown, the rule of completeness, see § 90.108 . . .

PIERCE, v. STATE OF FLORIDA,, 137 So. 3d 578 (Fla. Dist. Ct. App. 2014)

. . . See § 90.108(1) (“When a writing or recorded statement or part thereof is introduced by a party, an adverse . . .

CALHOUN, v. STATE, 138 So. 3d 349 (Fla. 2013)

. . . However, section 90.108 provides: (1) When a writing or recorded statement or part thereof is introduced . . . An adverse party is not bound by evidence introduced under this section. § 90.108(1), Fla. . . .

LOUREIRO, v. STATE, 133 So. 3d 948 (Fla. Dist. Ct. App. 2013)

. . . Section 90.108(1), Florida Statutes (2001). . . . .

ROBINSON, v. CSX TRANSPORTATION, INC., 103 So. 3d 1006 (Fla. Dist. Ct. App. 2012)

. . . See § 90.108(1), Fla. . . .

KACZMAR, III, v. STATE Of, 104 So. 3d 990 (Fla. 2012)

. . . However, section 90.108 provides: (1) When a writing or recorded statement or part thereof is introduced . . . An adverse party is not bound by evidence introduced under this section. § 90.108(1), Fla. . . .

SWEARINGEN, v. STATE, 91 So. 3d 885 (Fla. Dist. Ct. App. 2012)

. . . On remand, we remind the parties that, pursuant to the rule of completeness set forth in section 90.108 . . . Although section 90.108(1), Florida Statutes (2011), speaks in terms of written or recorded statements . . .

HARDEN, v. STATE, 87 So. 3d 1243 (Fla. Dist. Ct. App. 2012)

. . . The rule of completeness is codified in section 90.108(1), Florida Statutes (2009), which provides that . . .

METZ, v. STATE, 59 So. 3d 1225 (Fla. Dist. Ct. App. 2011)

. . . Metz argued that his entire statement was admissible under the rule of completeness, subsection 90.108 . . . Metz’s statement to the deputy because that portion of the statement was admissible under subsection 90.108 . . . .2d 568, 580 (Fla.1999), the Supreme Court described the operation of this rule: Codified at section 90.108 . . . The subsection 90.108(1) rule of completeness has been applied where excluded portions of a defendant . . . State, 693 So.2d 644, 645 (Fla. 4th DCA 1997), we held that subsection 90.108(1) required admission of . . .

SHAW, v. STATE, 43 So. 3d 149 (Fla. Dist. Ct. App. 2010)

. . . See § 90.108(1), Fla. Stat. (2009); Jackson v. State, 2 So.3d 1036 (Fla. 3d DCA 2009). . . .

PULCINI, v. STATE, 41 So. 3d 338 (Fla. Dist. Ct. App. 2010)

. . . The rule is codified in section 90.108(1), Florida Statutes, which provides in pertinent part: When a . . .

DUBON, v. STATE, 982 So. 2d 746 (Fla. Dist. Ct. App. 2008)

. . . exclusion from evidence of the remainder of his custodial statement under the rule of completeness (section 90.108 . . .

SCHREIBER, v. STATE, 973 So. 2d 1265 (Fla. Dist. Ct. App. 2008)

. . . completeness,” or “rule of completeness,” to which the trial court was referring is apparently that of section 90.108 . . . State, 676 So.2d 394, 401 (Fla.1996) (noting that section 90.108 is known as the “rule of completeness . . . introduction of the probation testimony did nothing to enhance fairness, as contemplated by section 90.108 . . .

DESSETT, v. STATE, 951 So. 2d 46 (Fla. Dist. Ct. App. 2007)

. . . The rule of completeness is codified in section 90.108(1), Florida Statutes, which provides in pertinent . . .

MOORE, v. STATE, 943 So. 2d 296 (Fla. Dist. Ct. App. 2006)

. . . See § 90.108, Fla. Stat. (2005). . . .

TROY, v. STATE, 948 So. 2d 635 (Fla. 2006)

. . . However, while such a ruling appears to be an appropriate discretionary one under section 90.108(1) of . . .

M. FERNANDEZ, v. UNION CARBIDE CORPORATION,, 937 So. 2d 750 (Fla. Dist. Ct. App. 2006)

. . . .” § 90.108(1), Fla. Stat. (2003). See generally Charles W. Ehrhardt, Florida Evidence § 108.1. . . .

WHITFIELD, v. STATE, 933 So. 2d 1245 (Fla. Dist. Ct. App. 2006)

. . . However, the rule of completeness, which is codified in section 90.108(1), Florida Statutes (2004), provides . . .

RALEIGH, v. STATE v. R., 932 So. 2d 1054 (Fla. 2006)

. . . See § 90.108(1), Fla. . . .

L. MORRISON, v. STATE, 855 So. 2d 693 (Fla. Dist. Ct. App. 2003)

. . . statement if the opposing party “opens the door” by referring to portions of it during its case); § 90.108 . . .

BARONE, v. STATE, 841 So. 2d 653 (Fla. Dist. Ct. App. 2003)

. . . .” § 90.108(1), Fla. Stat. (2002). . . .

STATE v. LENA,, 819 So. 2d 919 (Fla. Dist. Ct. App. 2002)

. . . We first reject the State’s contention that this statement is admissible under section 90.108, Florida . . . See § 90.108, Fla. Stat. (2000). . . .

H. EVANS, v. STATE, 808 So. 2d 92 (Fla. 2001)

. . . introduction of the partial statements.’ ” Id. at 398 (quoting Larzelere, 676 So.2d at 402); see § 90.108 . . .

MILLER, v. STATE, 780 So. 2d 277 (Fla. Dist. Ct. App. 2001)

. . . The “rule of completeness” is codified in section 90.108, Florida Statutes (1987), and provides that . . .

E. DORFMAN, M. D. v. SCHWABL, 777 So. 2d 427 (Fla. Dist. Ct. App. 2000)

. . . See section 90.108, Fla. Stat. (1999). . . .

SHANNON, v. STATE, 753 So. 2d 148 (Fla. Dist. Ct. App. 2000)

. . . Section 90.108, Florida Statutes (1999) only mandates the introduction of that which in fairness ought . . .

GUTIERREZ v. STATE, 747 So. 2d 429 (Fla. Dist. Ct. App. 1999)

. . . Section 90.108, Florida Statutes (1997), also known as the rule of completeness, states, (1) When a writing . . . An adverse party is not bound by evidence introduced under this section. § 90.108(1), Fla. . . . State, 700 So.2d 5, 8-9 (Fla. 4th DCA 1997) (explaining that counsel may not seek to invoke section 90.108 . . . The only time he could have made any argument for admission of his tape under section 90.108 was during . . .

RAMIREZ, v. STATE, 739 So. 2d 568 (Fla. 1999)

. . . Codified at section 90.108, Florida Statutes (1995), the rule of completeness provides that “[w]hen a . . .

LAYMAN, III, v. STATE, 728 So. 2d 814 (Fla. Dist. Ct. App. 1999)

. . . Section 90.108(1), Florida Statutes (1997), provides that when a party introduces a portion of a recorded . . . Accordingly, under section 90.108(1), it was error for the trial court to prevent the defendant from . . .

MASON, v. STATE, 719 So. 2d 304 (Fla. Dist. Ct. App. 1998)

. . . Appellant relies on § 90.108(1), Florida Statutes (1997) which provides in part: When a writing or recorded . . .

HOFFMAN, v. STATE, 708 So. 2d 962 (Fla. Dist. Ct. App. 1998)

. . . Appellant incorrectly asserts that the “rule of completeness” recognized in section 90.108, Florida Statutes . . . Section 90.108 states that "when a writing or recorded statement or part thereof is introduced by a party . . .

MENDOZA, v. STATE, 700 So. 2d 670 (Fla. 1997)

. . . . § 90.108, Fla. Stat. (1991). . . . Under the circumstances, the prior statement was admissible under section 90.108, Florida Statutes (1991 . . .

FRANQUI, v. STATE, 699 So. 2d 1332 (Fla. 1997)

. . . See § 90.108, Fla. Stat. (1995); see also Richardson v. . . .

VAZQUEZ, v. STATE, 700 So. 2d 5 (Fla. Dist. Ct. App. 1997)

. . . . § 90.108, Fla. Stat. (1995). . . . It has thus been noted that: “If counsel for the adverse party does not seek to invoke section 90.108 . . . However, section 90.108 does not prohibit evidence of the remainder of the writing or document; the evidence . . .

SWEET, v. STATE, 693 So. 2d 644 (Fla. Dist. Ct. App. 1997)

. . . However, the “rule of completeness” recognized in section 90.108, Florida Statutes, provides: When a . . .

JORDAN, v. STATE, 694 So. 2d 708 (Fla. 1997)

. . . Jordan argues that section 90.108, Florida Statutes (1991), dictates that the trial judge erred in refusing . . .

REESE, v. STATE, 694 So. 2d 678 (Fla. 1997)

. . . Although that rule is defined at section 90.108, Florida Statutes (1995), to include only written or . . .

WILLIAMS, v. STATE, 689 So. 2d 393 (Fla. Dist. Ct. App. 1997)

. . . Under the “rule of completeness,” § 90.108(1), Fla. . . . Id. at 402 (quoting § 90.108(1)). . . .

LARZELERE, v. STATE, 676 So. 2d 394 (Fla. 1996)

. . . to the introduction of this evidence and requested, under the “doctrine of completeness” and section 90.108 . . . The appellant argues that a showing of prejudice is not required, that section 90.108 allows an adverse . . . Section 90.108, Florida Statutes (1991), provides in pertinent part: When a writing or recorded statement . . . State, 416 So.2d 1199, 1201 (Fla. 4th DCA 1982) (section 90.108 gives parties “only a qualified right . . . fairness ought to be considered contemporaneously” with the introduction of the partial statement. § 90.108 . . .

CHAO, v. STATE, 661 So. 2d 1246 (Fla. Dist. Ct. App. 1995)

. . . Chao argues this was reversible error, citing section 90.108, Florida Statutes (1993) and Long v. . . . Long is clear that under section 90.108, a party, in the interest of fairness, has the option to introduce . . .

JOHNSON, v. STATE, 653 So. 2d 1074 (Fla. Dist. Ct. App. 1995)

. . . .” § 90.108, Fla. Stat. (1993). . . .

LONG, v. STATE, 610 So. 2d 1276 (Fla. 1992)

. . . This concept is expressly set forth in section 90.108, Florida Statutes (1987), which provides in part . . .

JOHNSON, v. STATE, 608 So. 2d 4 (Fla. 1992)

. . . The rule of completeness is codified as section 90.108, Florida Statutes (1987), and applies to writings . . . “Although the language of section 90.108 does not cover testimony regarding part of a conversation, a . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . . § 90.108, Fla. . . .

D. CHRISTOPHER, v. STATE, 583 So. 2d 642 (Fla. 1991)

. . . The rule of completeness is codified in section 90.108, Florida Statutes (1987), which provides that . . .

SCOTT, v. STATE, 559 So. 2d 269 (Fla. Dist. Ct. App. 1990)

. . . request (after the state had rested its case) to play the remainder of the videotape falls within section 90.108 . . .

CBS, INC. M. v. L. COBB,, 536 So. 2d 1067 (Fla. Dist. Ct. App. 1988)

. . . . § 90.108, Fla.Stat. (1987). . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 536 So. 2d 992 (Fla. 1988)

. . . . €¾ — section—90.108,—Florida—Statutes (1976), Rule- 1,330(6) Florida-Rules Civil Procedure, 1988 Amendment . . .

S. DUFFELL, v. SOUTH WALTON EMERGENCY SERVICES, INC. a Co. A. A., 501 So. 2d 1352 (Fla. Dist. Ct. App. 1987)

. . . In justifying the admission of the above portion of the report, the Quades rely upon Section 90.108, . . . I agree that section 90.108 controls the issue. . . . In commenting upon section 90.108, Professor Ehrhardt points out that there is a dispute among authorities . . . statute — the Third District Court of Appeal — has adopted the latter position, holding that section 90.108 . . .

SUNDALE ASSOCIATES, LTD. J. Jr. v. SOUTHEAST BANK, N. A., 471 So. 2d 100 (Fla. Dist. Ct. App. 1985)

. . . Sec. 90.108,* F[a. Stat. (1983). . . .

TALLAHASSEE JUNIOR ACADEMY, v. UNEMPLOYMENT APPEALS COMMISSION,, 461 So. 2d 968 (Fla. Dist. Ct. App. 1984)

. . . Section 90.108 requires that “[w]hen a writing or recorded statement or part thereof is introduced by . . .

MULFORD, v. STATE, 416 So. 2d 1199 (Fla. Dist. Ct. App. 1982)

. . . The State contends that Section 90.108, Florida Statutes, required the introduction of the entire letter . . . Section 90.108, Florida Statutes, gave the State only a qualified right to seek the admission of the . . . entire letter: 90.108 Introduction of related writings or recorded statements. — When a writing or recorded . . .

THE FLORIDA BAR. IN RE RULES OF CRIMINAL PROCEDURE, 389 So. 2d 610 (Fla. 1980)

. . . Cf. section 90.108, Florida Statutes (1976), Rule 1.330(6) Florida Rules Civil Procedure. . . . Cf. § 90.108, Fla. Stat. (1979); Rule 1.330(6) Fla.R.Civ.P. . . .