§ 90.106, Fla. Stat. — Summing Up and Comment by Judge
Plain English
In Florida, the judge has to stay off the scales. A judge may not sum up the evidence or comment to the jury on the weight of the evidence, the credibility of witnesses, or the guilt of the accused. The jury, not the judge, weighs the proof. This is a bigger deal than it sounds — even subtle judicial signals about a witness or a case can sway a jury, so Florida draws a bright line. (This is a notable difference from federal court, where judges have more latitude to comment on the evidence.)
From the Courtroom
Jurors watch the judge for cues — a raised eyebrow, a tone, a “let’s move along.” 90.106 forbids the judge from putting a thumb on the scale, and an improper judicial comment on the evidence or a witness’s credibility is classic reversible error. Trial lawyers guard this line jealously, because the judge’s voice carries more weight than any lawyer’s.
Key Points & Authority
- § 90.106, Fla. Stat. — A judge may not sum up the evidence or comment on the weight of the evidence, the credibility of witnesses, or the guilt of the accused.
- Improper judicial comment is a frequent basis for reversal.
- Federal contrast: the Federal Rules of Evidence contain no such prohibition — federal judges may, within limits, comment on and summarize the evidence, leaving ultimate fact-finding to the jury.
Federal Parallel
Notable difference. There is no Federal Rules of Evidence counterpart barring judicial comment; under federal practice a judge may comment on or summarize the evidence so long as the jury is told it is the ultimate fact-finder. Florida’s § 90.106 flatly prohibits it.
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)
A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.106 prohibits a judge from summing up the evidence or commenting to the jury on the weight of the evidence, the credibility of witnesses, or the guilt of the accused — a notable contrast with federal practice.