Attack outline
Florida Evidence Trip-Wires
Review the Florida Evidence Trip-Wires with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
On this page
Ordered attack steps
- Florida does NOT recognize a general spousal immunity / testimonial privilege
- Only § 90.504 confidential MARITAL COMMUNICATIONS privilege exists — covers private statements made during the marriage; survives divorce; either spouse may invoke
- Common trap: a spouse may be compelled to testify about observations or non-confidential interactions, but a private marital conversation remains protected
- § 90.801(2)(a) — prior inconsistent statement is substantive (not hearsay) when the declarant testifies and is subject to cross-examination concerning the statement AND the statement was given under oath subject to perjury at a trial, hearing, other proceeding, or in a deposition
- Florida construes "other proceeding" NARROWLY — a sworn police investigative interview is NOT an "other proceeding" under § 90.801(2)(a) (State v. Delgado-Santos, 497 So. 2d 1199 (Fla. 1986)); a statement that fails § 90.801(2)(a) impeaches only UNLESS an independent basis makes it substantive — most often a party admission under § 90.803(18)
- § 90.804(2)(b) — admissible in ANY criminal case + civil cases
- Federal FRE 804(b)(2) limit to homicide prosecutions + civil cases does NOT apply in Florida state court