Think your evidence will automatically sway the judge or jury? In Florida civil litigation, the process of admitting exhibits is a legal minefield. The court won’t accept your documents, photos, or emails just because you present them. You must follow strict procedures, or risk losing critical evidence.
Florida law requires you to lay a foundation for every exhibit. Under Fla. Stat. § 90.901, you must authenticate the evidence—showing the court it is what you claim it to be. This often means calling a witness who can testify about the origin and reliability of the document, photo, or item. If you skip this step, opposing counsel can object, and the judge may exclude your exhibit.
Hearsay is another common pitfall. Many documents contain statements that are considered hearsay under Fla. Stat. § 90.803. Unless you fit a recognized exception, your exhibit could be tossed out. Timing is also crucial: Fla. R. Civ. P. 1.450 requires exhibits to be disclosed before trial, and objections must be raised promptly. Our firm sees parties lose cases every year because they miss deadlines or fail to address objections. Proper admission of evidence is the backbone of a winning litigation strategy.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
