§ 90.402, Fla. Stat. — Admissibility of Relevant Evidence
Plain English
Short rule, huge consequences: all relevant evidence is admissible, except as provided by law. That’s the default setting of a Florida trial — if it’s relevant, it comes in. The real action is hiding in those last four words, “except as provided by law.” That phrase is the doorway to every reason evidence gets kept out: privileges, the 90.403 balancing test, the hearsay rule, authentication requirements, and constitutional protections. So 90.402 sets the presumption in favor of admission, and the rest of the Evidence Code carves out the exceptions.
From the Courtroom
Lawyers love to argue that evidence is “inadmissible” as if that’s the default. It isn’t. Under 90.402 the burden flips: relevant evidence comes in unless the objecting side can point to a specific rule of law that keeps it out. Making opposing counsel name that rule — not just say “objection” — is half the battle.
Key Points & Authority
- § 90.402, Fla. Stat. — All relevant evidence is admissible, except as provided by law — a presumption in favor of admission.
- “Except as provided by law” is the hook for every exclusionary rule: privileges (90.501–90.510), the 90.403 balance, hearsay (90.802), authentication (90.901), and constitutional limits.
- Federal parallel: Fed. R. Evid. 402 likewise makes relevant evidence admissible unless otherwise provided.
Federal Parallel
The federal counterpart is Fed. R. Evid. 402, which makes relevant evidence admissible unless the Constitution, a statute, the rules, or other authority provides otherwise.
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)
All relevant evidence is admissible, except as provided by law.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.402 sets the default: all relevant evidence is admissible except as provided by law — a presumption of admission, with other rules (privileges, 90.403, hearsay, authentication) supplying the exceptions.