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Florida Statute 90.613 | Lawyer Caselaw & Research
F.S. 90.613 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.613

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.613
90.613 Refreshing the memory of a witness.When a witness uses a writing or other item to refresh memory while testifying, an adverse party is entitled to have such writing or other item produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce it, or, in the case of a writing, to introduce those portions which relate to the testimony of the witness, in evidence. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objection shall be preserved and made available to the appellate court in the event of an appeal. If a writing or other item is not produced or delivered pursuant to order under this section, the testimony of the witness concerning those matters shall be stricken.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 491, ch. 95-147.

F.S. 90.613 on Google Scholar

F.S. 90.613 on Casetext

Amendments to 90.613


Arrestable Offenses / Crimes under Fla. Stat. 90.613
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.613.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. G. a v. STATE, 213 So. 3d 936 (Fla. Dist. Ct. App. 2017)

. . . .” § 90.613, Fla. Stat. (2015). . . .

J. SAS, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 112 So. 3d 778 (Fla. Dist. Ct. App. 2013)

. . . See § 90.613, Fla. Stat. (2011); Merlin v. Boca Raton Cmty. . . .

HARRIS v. E. D. GRUNOW, Jr. O. R., 71 So. 3d 186 (Fla. Dist. Ct. App. 2011)

. . . pertinent parts of the prior statement silently in an effort to refresh the witness’s recollection (section 90.613 . . .

PROSKAUER ROSE LLP, a v. BOCA AIRPORT, INC. d b a a, 987 So. 2d 116 (Fla. Dist. Ct. App. 2008)

. . . . § 90.613, Fla. Stat.; Merlin v. . . . In Merlin, we recognized that section 90.613, Florida Statutes, applies only to documents a witness refers . . . Section 90.613, Florida Statutes only requires discovery if the witness used the document “while testifying . . .

K. E. A. a v. STATE, 802 So. 2d 410 (Fla. Dist. Ct. App. 2001)

. . . .); see also § 90.613, Fla. Stat. (1999); Garrett v. . . .

REID, v. STATE, 799 So. 2d 394 (Fla. Dist. Ct. App. 2001)

. . . The State misplaces its reliance on section 90.613, Florida Statutes (1997), as support for its argument . . .

G. CLAUSSEN, v. STATE DEPARTMENT OF TRANSPORTATION,, 750 So. 2d 79 (Fla. Dist. Ct. App. 1999)

. . . Section 90.613, Florida Statutes (1997), permits a party to refresh a witness’s recollection by showing . . . The letter’s use as a memory refreshing device did not meet the predicate requirement of section 90.613 . . .

MORTON, v. STATE, 689 So. 2d 259 (Fla. 1997)

. . . Section 90.613 does not contemplate that evidence which might otherwise be inadmissible will be paraded . . .

R. PARE, v. STATE, 656 So. 2d 602 (Fla. Dist. Ct. App. 1995)

. . . . § 90.613, Fla.Stat. (1993). . . .

HALLMAN, v. STATE, 633 So. 2d 1116 (Fla. Dist. Ct. App. 1994)

. . . introduce the document into evidence should have been handled in accordance with the Evidence Code, section 90.613 . . .

GERALDS, v. STATE, 601 So. 2d 1157 (Fla. 1992)

. . . witness’s notes either under Florida Rule of Criminal Procedure 3.220(b)(l)(x), or pursuant to section 90.613 . . . contention is that defense counsel was entitled to all of the witness’s field notes pursuant to section 90.613 . . .

RODRIGUEZ, v. STATE, 574 So. 2d 1227 (Fla. Dist. Ct. App. 1991)

. . . State, 438 So.2d 358 (Fla.1983); Section 90.613, Florida Statutes (1989); Section 924.33, Florida Statutes . . .

DADE COUNTY PUBLIC HEALTH TRUST d b a v. PARKER,, 551 So. 2d 532 (Fla. Dist. Ct. App. 1989)

. . . accident did not, as urged, allow the trial court to admit these reports as “refreshed recollection” [§ 90.613 . . .

WILSON, v. HUMANA OF FLORIDA,, 37 Fla. Supp. 2d 181 (Fla. Cir. Ct. 1988)

. . . Florida Statutes 90.613, provides: REFRESHING THE MEMORY OF A WITNESS — When a witness uses a writing . . .

MERLIN v. BOCA RATON COMMUNITY HOSPITAL, INC. Dr. S. Dr., 479 So. 2d 236 (Fla. Dist. Ct. App. 1985)

. . . One might infer, therefore, that the trial court was applying section 90.613, Florida Statutes (1983) . . . That section of our evidence code states: 90.613. . . .

PEOPLES GAS SYSTEM, INC. a v. HOTEL OCEAN ASSOCIATES, LTD. a, 479 So. 2d 203 (Fla. Dist. Ct. App. 1985)

. . . See § 90.613, Fla.Stat. (1983); McCormick On Evidence § 9 (Clearly 3d ed.1984). Affirmed. . . .

SCOTCHEL ENTERPRISES, INC. d b a Mr. G s v. VELEZ,, 455 So. 2d 1129 (Fla. Dist. Ct. App. 1984)

. . . to the statement to refresh his recollection, thereby entitling him to the statement under Section 90.613 . . . Section 90.613 provides in part that: When a witness uses a writing or other item to refresh his memory . . .

R. A. B. a v. STATE, 399 So. 2d 16 (Fla. Dist. Ct. App. 1981)

. . . to refresh recollection need not be one which was made by or previously seen by the witness, see § 90.613 . . .