Evidence

Question 1

What are some weird requirements for Dying Declaration?

Answer 1

• only available for civil actions and prosecutions for homicide
• declarant must be unavailable

Question 2

When can prior convictions be used for impeachment at trial?

Answer 2

• Florida generally follows the FRCP on this.
• conviction must be for
  
  • a FELONY punishable by imprisonment in excess of a year OR
  • a misdemeanor involving dishonesty or false statement.
• UNLIKE FRCP, FL courts have discretion to exclude any conviction under the Rule 403 balancing test.

Question 3

May either party impeach the credibility of a witness?

Answer 3

Yes. Florida follows the Federal Rules and allows the credibility of a witness to be attacked by any party, including the party calling the witness.

Question 4

May a witness be asked about prior bad acts or misconduct in FL?

Answer 4

• No. Florida doesn’t allow examining atty to ask a witness about prior bad acts or prior specific instances of misconduct that did not result in a conviction.
• Federal Rules – allow a party to impeach a witness by asking about prior bad acts that concern the witness’s character for truth and veracity.

Question 6

Use of Character Evidence, Opinion & Reputation in Florida

Answer 6

• Evidence of a witness’s bad character for truthfulness is admissible to attack the credibility of a witness.
• evidence of general reputation is inadmissible, it must relate to the witness’s truthfulness.
• a witness may be impreached with reputation evidence in both civil and criminal cases.
• in Florida – character cannot be proven by opinion testimony. May only testify as to person’s reputation.

Question 7

Psychotherapist/Patient Privilege

Answer 7

• recognized in FL
• patient cannot claim the privilege when he relies on the mental or emotional condition as an element of a claim or defense.