§ 90.107, Fla. Stat. — Limited Admissibility
Plain English
Sometimes a piece of evidence is fair game for one purpose or against one party, but off-limits for another. When that happens, § 90.107 says the court — on request — must restrict the evidence to its proper scope and tell the jury so at the time it’s admitted. That’s the “limiting instruction”: the judge tells jurors they may consider the evidence only for the narrow, permitted reason — for example, a prior statement admitted to attack credibility but not as proof the underlying event happened.
From the Courtroom
The catch is the two words “upon request.” The judge isn’t required to give a limiting instruction on their own — you have to ask, and ask when the evidence comes in. Lawyers who forget let damaging evidence wash over the jury for every purpose. Whether a limiting instruction actually keeps the jury in its lane is another debate — but you can’t complain on appeal if you never asked.
Key Points & Authority
- § 90.107, Fla. Stat. — When evidence is admissible for one party/purpose but not another, the court, on request, must restrict it to its proper scope and instruct the jury at the time of admission.
- The instruction must be requested — and timely — to preserve the point.
- Federal parallel: Fed. R. Evid. 105.
Federal Parallel
The federal counterpart is Fed. R. Evid. 105 — on request, the court restricts evidence to its proper scope and gives a limiting instruction.
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)
When evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted, the court, upon request, shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.107 requires the court, on request, to restrict evidence admissible only for a limited party or purpose to that proper scope and to instruct the jury accordingly at the time of admission.