FL Evidence

Question 1

Under Florida law, former testimony of an UNAVAILABLE declarant can be offered against a party if that party had an opportunity to

Answer 1

develop the testimony by direct examination, redirect examination, or cross-examination

Question 2

Are opposing party statement’s (a hearsay exception in FL rather than exclusion) admissible for BOTH SUBSTANTIVE and IMPEACHMENT purposes?

Answer 2

Yes.

In Florida, a statement made by a party to the current litigation and offered by an opposing party is considered an exception to the hearsay rule and is admissible both substantively and for impeachment purposes

Question 3

In civil or criminal cases, evidence of
* withdrawn guilty pleas
* pleas of no contest (i.e., nolo contendere)
* statements made while negotiating a plea with a prosecutor
AND
* statements made during a plea proceeding are generally

Answer 3

*NOT admissible.

*Evidence is admissible, if another statement made during the same plea/negotiation has already been admitted and fairness requires that the statement in question be admitted

If the statements were false, made under oath, on the record, and with counsel present, they are also admissible in a later PERJURY prosecution

Question 4

In Florida, a duplicate—i.e., counterpart produced by a process that accurately reproduces the original—is admissible to the same extent as the original unless:

Answer 4

• there is a genuine question as to the original’s authenticity
• the circumstances make it unfair to admit the duplicate
  OR
• the document is a negotiable instrument, security, or writing that evidences a right to the payment of money

Evidence of the ORIGINALS CONTENTS only admissible if proponent PROVES:
* all of the originals are LOST OR DESTROYED (no BAD FAITH by the proponent)
* the original CANNOT BE OBTAINED by ANY AVAILABLE JUDICIAL PROCESS
* the PARTY AGAINST WHOM ORIGINAL WOULD BE OFFERED
(i) had CONTROL of the OG
(ii) was at the time PUT ON NOTICE that the OG would be subject of PROOF at hearing/trial
AND (iii) FAILED to produce the original
OR
* the writing, recording, or photograph is a collateral matter

Question 5

Hearsay is generally inadmissible but all of the following overcome the hearsay rule except:

A) Excited utterance
B) Public record
C) Marriage certificate
D) Signed and notarized affidavit

Answer 5

D) Signed and notarized affidavit

That’s hearsay within no exception

Question 6

When can a paternity test be admitted in a criminal prosecution?

Answer 6

If a person < less than 18 y/o gives birth to a child and the paternity of that child is established under chapter 742, such evidence of paternity is admissible in a criminal prosecution.

Question 7

Diana took the stand to testify during her own trial. Her testimony was riddled with prior inconsistent statements. Which of the following is incorrect?

A) Florida does not allow the use of extrinsic evidence to impeach a prior inconsistent statement.
B) If a witness denies making or does not distinctly admit making the prior inconsistent statement, extrinsic evidence of such statement is admissible.
C) The court, on motion of the adverse party, shall order the statement to be shown to the witness or its contents disclosed to him or her.
D) If the witness is a party opponent, extrinsic evidence is admissible.

Answer 7

A) Florida does not allow the use of extrinsic evidence to impeach a prior inconsistent statement.

Question 8

If a partial or final mediation agreement is reached, it shall:

A) be reduced to writing and signed by the parties
B) be electronically or stenographically recorded
C) be filed with the court
D) include costs and attorneys’ fees

Answer 8

A) be reduced to writing and signed by the parties