IN RE FLORIDA EVIDENCE CODE

Fla. | 1996-06-06
No. 87368
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
675 So. 2d 584 Florida Supreme Court (1996) Caution
Cited by 20 cases

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Holding

The Court adopts amendments to the Rules of Evidence to conform to statutory changes, to the extent they concern court procedure.


Facts & Procedural History

The Florida Bar petitioned the Florida Supreme Court to amend the Rules of Evidence to align with recent legislative changes to the Florida Evidence C…

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Opinion of the Court
PER CURIAM.

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. E.g., In re Florida Evidence Code, 638 So. 2d 920 (Fla.1993); 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. 80-155, §§ 1-5, 7-9, Laws of Fla.; Ch. 94-124, § 12, Laws of Fla.; Ch. 95-147, §§ 471-504, 1378, Laws of Fla.; Ch. 95-158, § 1, Laws of Fla.; Ch. 95-179, § 1, Laws of Fla.; Ch. 95-187, § 7, Laws of Fla.; and Ch. 95-286, § 5, Laws of Fla. We adopt the amendments to the Evidence Code to the extent that they concern court procedure. These amended rules are effective on the dates the bills became law.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. . §§ 90.101-.958, Fla.Stat. (1995).


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  • In re Amendments to the Florida Evidence Code, 782 So. 2d 339 (Fla. 2000)
    …404 So. 2d 743 (Fla.1981); In re Amendment of Fla. Evidence Code, 497 So. 2d 239 (Fla.1986) (adopting amendments to Code to the extent they are procedural); In re Florida Evidence Code, 638 So. 2d 920 (Fla.1993) (same); In re Florida Evidence Code, 675 So. 2d 584 (Fla.1996) (same). Our decision not to adopt chapter 98-2, section 1 comes after much deliberation and is based on many of the concerns raised by those who oppose the amendment, most significantly the grave concerns about the constitutionality of th…
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  • In re Amendments to the Florida Evidence Code, 210 So. 3d 1231 (Fla. 2017)
    …d 762 (Fla. 2007); In re Amends. to Fla. Evidence Code—Section 90.104, 914 So. 2d 940 (Fla. 2005); Amends. to Fla. Evidence Code, 891 So. 2d 1037 (Fla. 2004); In re Amends. to Fla. Evidence Code, 825 So. 2d 339 (Fla. 2002); In re Fla. Evidence Code, 675 So. 2d 584 (Fla. 1996); In re Fla. Evidence Code, 638 So. 2d 920 (Fla. 1993); In re Amend. of Fla. Evidence Code, 497 So. 2d 239 (Fla. 1986); In re Amend. of Fla. Evidence Code, 404 So. 2d 743 (Fla. 1981). . See, e.g., In re Amends. to Fla. Evidence Code, 144…
  • Delisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018)
    …) ; In re Amends. to the Fla. Evidence Code-Section 90.104 , 914 So. 2d 940 (Fla. 2005) ; Amends. to the Fla. Evidence Code , 891 So. 2d 1037 (Fla. 2004) ; In re Amends. to Fla. Evidence Code , 825 So. 2d 339 (Fla. 2002) ; In re Fla. Evidence Code , 675 So. 2d 584 (Fla. 1996) ; In re Fla. Evidence Code , 638 So. 2d 920 (Fla. 1993) ; In re Amend. of Fla. Evidence Code , 497 So. 2d 239 (Fla. 1986) ; In re Amend. of Fla. Evidence Code , 404 So. 2d 743 (Fla. 1981). Until 2000, the working arrangement between the…

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