§ 90.508, Fla. Stat. — Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim
Plain English
This is the safety net that keeps a privilege alive when it was lost through no real fault of the holder. If privileged matter was compelled erroneously by the court, or disclosed without an opportunity to claim the privilege, that statement or disclosure is inadmissible against the holder. In short: an improper court order or a disclosure that slipped out before anyone could object doesn’t hand the privileged information to the other side — the holder doesn’t forfeit the privilege for a forced or no-chance disclosure.
From the Courtroom
Pair 90.508 with 90.507: voluntary disclosure waives, but a compelled or no-opportunity disclosure does not. When a judge wrongly orders privileged material produced, 90.508 means it still can’t be used against the holder — an important backstop to preserve for appeal.
Key Points & Authority
- § 90.508, Fla. Stat. — Privileged matter compelled erroneously by the court, or disclosed without opportunity to claim the privilege, is inadmissible against the holder.
- Contrast § 90.507 (voluntary disclosure waives) — 90.508 protects involuntary or no-chance disclosures.
- Federal parallel: Fed. R. Evid. 511–512 concepts (waiver/compelled disclosure) and FRE 502(b) (inadvertent disclosure).
Federal Parallel
The federal counterparts are the disclosure/waiver concepts in Fed. R. Evid. 502 (notably 502(b) on inadvertent disclosure) — protecting a holder who did not voluntarily and knowingly give up the privilege.
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)
Evidence of a statement or other disclosure of privileged matter is inadmissible against the holder of the privilege if the statement or disclosure was compelled erroneously by the court or made without opportunity to claim the privilege.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.508 makes privileged matter inadmissible against the holder if it was compelled erroneously by the court or disclosed without opportunity to claim the privilege.