§ 90.108, Fla. Stat. — Introduction of Related Writings or Recorded Statements
Plain English
This is the “rule of completeness” — the antidote to cherry-picking. When one party introduces a writing or recorded statement (or just a part of one), the other side can require, right then, that any other part — or any other writing or recorded statement — be introduced too, if in fairness it ought to be considered at the same time. The point is context: you can’t read the one damaging sentence and bury the three that explain it. The adverse party isn’t bound by what it’s forced to introduce this way. The statute also makes a certified court reporter’s transcript prima facie correct.
From the Courtroom
When opposing counsel reads a single line of a deposition or a snippet of a recorded statement, 90.108 is your instant counter: “Then in fairness, Your Honor, the next two answers come in now.” Context can flip the meaning of a quote entirely — and completeness lets you restore it in the same breath, not hours later on your own case.
Key Points & Authority
- § 90.108(1), Fla. Stat. — When part of a writing/recorded statement is introduced, the adverse party may require contemporaneous introduction of any other part or related statement that in fairness ought to be considered together; the adverse party is not bound by what it introduces.
- (2) A certified court reporter’s transcript is prima facie a correct statement of the testimony and proceedings.
- Federal parallel: Fed. R. Evid. 106.
Federal Parallel
The federal counterpart is Fed. R. Evid. 106, the rule of completeness for writings and recorded statements — allowing the contemporaneous introduction of other parts that in fairness ought to be considered together.
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)
(1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section.
(2) The report of a court reporter, when certified to by the court reporter as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.108 is the rule of completeness: when part of a writing or recorded statement is introduced, the adverse party may require contemporaneous introduction of any other part or related statement that in fairness ought to be considered together; a certified court reporter transcript is prima facie correct.