§ 90.956, Fla. Stat. — Summaries
Plain English
When the underlying records are too voluminous to slog through in court, a party can present them as a chart, summary, or calculation through a qualified witness—but only after giving timely written notice (with proof filed with the court) and making the summary plus the originals or duplicates available to the other side for inspection or copying at a reasonable time and place. The judge can also order the underlying records produced in court.
From the Courtroom
Summaries are how complex cases actually get tried—damages spreadsheets, stacks of medical bills, financial-fraud charts. A case can rise or fall on whether the jury can follow the numbers. Two places summaries blow up: skipping Florida’s timely-written-notice-and-availability requirement, and letting a “summary” smuggle in argument the underlying data doesn’t support. Keep the chart faithful to the records and give notice early.
Key Points & Authority
- Voluminous-records summary. A chart, summary, or calculation may be presented through a qualified witness when examining the originals in court is not convenient.
- Florida’s notice requirement (stricter than the federal rule). Timely written notice of intent, proof filed with the court, and the summary plus the originals or duplicates made available to other parties for examination or copying at a reasonable time and place.
- Judge’s power. The court may order the underlying writings, recordings, or photographs produced in court.
Federal Parallel
Florida § 90.956 parallels Federal Rule of Evidence 1006 (Summaries to Prove Content). Both allow summaries of voluminous material proved through a qualified witness. Key difference: Florida expressly requires timely written notice filed with the court and pretrial availability of the underlying data, while FRE 1006 requires the proponent to make originals or duplicates available and lets the court order production. Cross-reference is text-only until the Federal Rules of Evidence Rule Book is built.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
90.956 Summaries.—When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness. The party intending to use such a summary must give timely written notice of his or her intention to use the summary, proof of which shall be filed with the court, and shall make the summary and the originals or duplicates of the data from which the summary is compiled available for examination or copying, or both, by other parties at a reasonable time and place. A judge may order that they be produced in court.
Educational reference. Educational summary of Florida statutory law, not legal advice.
What this rule means in plain English
When the underlying records are too voluminous to slog through in court, a party can present them as a chart, summary, or calculation through a qualified witness—but only after giving timely written notice (with proof filed with the court) and making the summary plus the originals or duplicates available to the other side for inspection or copying at a reasonable time and place. The judge can also order the underlying records produced in court.