IN RE FLORIDA EVIDENCE CODE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court adopted multiple amendments to the Florida Evidence Code as court rules insofar as they concern procedural matters, exercising its constitutional authority to adopt rules of practice and procedure.
The Court adopted the amendments to the Evidence Code to the extent that they concern court procedure, effective on the dates the bills became law.
[1] The Florida Supreme Court has jurisdiction to adopt rules of practice and procedure under article V, section 2(a) of the Florida Constitution.
[2] The Florida Evidence Code is both substantive and procedural, and the Florida Supreme Court has the authority to adopt its procedural provisions as court rules.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This Court has jurisdiction to adopt rules of practice and procedure under article V, section 2(a) of the Florida Constitution.”
Establishes the Court's foundational constitutional authority for adopting the amendments.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Bar petitioned the Court to amend the Rules of Evidence to conform to numerous statutory changes to the Evidence Code enacted between 1981…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Evidence Code cases and more on FLexlaw
PER CURIAM.
This Court has jurisdiction to adopt rules of practice and procedure under article V, section 2(a) of the Florida Constitution.
The Florida Evidence Code1 enacted by the Legislature is both substantive and procedural. We previously adopted provisions of the Evidence Code as court rules insofar as they deal with procedural matters. In re Florida Evidence Code, 372 So. 2d 1369 (Fla.1979), clarified by In re Florida Evidence Code, 376 So. 2d 1161 (Fla.1979). We also have adopted amendments to the Evidence Code as court rules to the extent that they are procedural. In re Amendment of Florida Evidence Code, 497 So. 2d 239 (Fla.1986); In re Amendment of Florida Evidence Code, 404 So. 2d 743 (Fla.1981).
The Florida Bar has petitioned this Court to amend the Rules of Evidence to conform to statutory changes in the Evidence Code. The changes at issue are: Ch. 81-259, §§ 41, 42, at 1032, 1033, Laws of Florida; ch. 83-284, § 1, at 1468, Laws of Florida; ch. 84-36, § 1, at 80, Laws of Florida; ch. 84-363, § 4, at 2145, Laws of Florida; ch. 87-224, § 11, at 1022, Laws of Florida; ch. 88-33, § 2, at 115, Laws of Florida; ch. 90-40, § 2, at 48, Laws of Florida; eh. 90-123, § 1, at 313, Laws of Florida; eh. 90-139, §§ 2-3, at 492, Laws of Florida; ch. 90-174, §§ 1-4, at 583, 584, Laws of Florida; eh. 90-347, § 40, at 2461, Laws of Florida; ch. 91-255, § 12, at 2043, Laws of Florida;2 ch. 92-57, § 1, at 449, Laws of Florida; ch. 92-82, § 57, at 679, Laws of Florida; ch. 92-107, § 1, at 747, Laws of Florida; ch. 92-138, § 16, at 967, Laws of Florida; ch. 93-39, § 19, at 52, Laws of Florida; ch. 93-125, § 2, at 1, Laws of Florida; and ch. 93-156, § 26, at 26, Laws of Florida.
We adopt the amendments to the Evidence Code to the extent that they concern court procedure.3 These amended rules are effective the dates the bills became law.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur. . Sections 90.101-.958, Fla.Stat. (1979).
. We note that the adoption of chapter 91-255, § 12, at 2043, Laws of Florida, is only for procedural purposes and does not bar a challenge to the statute for any other reason.
.We do not adopt the amendments to chapter 85-53, §§ 2-4, at 141, Laws of Florida, as the Bar requested, because we have already adopted the amendments to chapter 85-53 in In re Amendment of Florida Evidence Code, 497 So. 2d 239 (Fla.1986).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (29 total)
-
Rodriguez v. State, 753 So. 2d 29 (Fla. 2000)…our prior cases, this Court has respected the plain meaning of the legislative evidentiary standards in capital penalty phase proceedings which allows [*49] § 921.141(1), Fla. Stat.; see Spencer v. State, 645 So. 2d 377 (Fla.1994); Rhodes v. State, 638 So. 2d 920, 924 (Fla.1994); Waterhouse v. State, 596 So. 2d 1008, 1016 (Fla.1992). I see no reason to cast doubt on this procedure with dicta on this issue in this opinion. [*48] evidence ... as to any matter that the court deems relevant to the nature of the…
-
State v. Glatzmayer, 789 So. 2d 297 (Fla. 2001)…es and deductions derived therefrom in a manner most favorable to sustaining the trial court’s ruling.”); Escobar v. State, 699 So. 2d 984, 987 (Fla.1997) ("A trial court’s ruling on a motion to suppress is presumptively correct.”); Rhodes v. State, 638 So. 2d 920, 926 (Fla.1994) ("[A] ruling on [a] motion to suppress is presumed correct and will be upheld if supported by the record.”); Jones v. State, 612 So. 2d 1370, 1373 (Fla.1992) ("A trial court's ruling on a motion to suppress is presumed to be correct.…
-
Martin v. State, 717 So. 2d 462 (Fla. 1998)…trial court’s conclusion that the statements were knowingly and voluntarily made and that San Martin’s Fifth and Sixth Amendment rights to counsel were not violated. Thus, the court’s ruling on the motion to suppress must be upheld. Rhodes v. State, 638 So. 2d 920, 925-26 (Fla.1994) (stating that ruling on motion to suppress is presumed correct and will be upheld if supported by the record). In issue 4, San Martin contends that the use of a single verdict form that did not specify whether the jury found him…
Previewing 3 of 29 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Florida Evidence Code, 372 So. 2d 1369 (Fla. 1979)
- In re Florida Evidence Code, 376 So. 2d 1161 (Fla. 1979)
- The Fla. Bar. in re Amendment of Fla. Evidence Code, 404 So. 2d 743 (Fla. 1981)
- In re Amendment of Florida Evidence Code, 497 So. 2d 239 (Fla. 1986)