§ 90.608, Fla. Stat. — Who May Impeach a Witness
Plain English
Impeachment is how you tell the jury, “don’t believe this witness.” Section 90.608 hands you the toolbox — five ways to attack credibility: (1) a prior inconsistent statement; (2) showing the witness is biased; (3) attacking the witness’s character for truthfulness (under §§ 90.609–90.610); (4) showing a defect in capacity to observe, remember, or recount; and (5) contradiction — other witnesses proving the facts aren’t as testified. The Florida twist that trips people up: any party may impeach a witness, including the party who called them. The old “voucher rule” — you’re stuck with your own witness — is gone.
From the Courtroom
The most devastating impeachment is usually the simplest: the prior inconsistent statement. A deposition answer that flatly contradicts trial testimony, read back to the witness word for word, can deflate them faster than any clever line of questioning. The jury watches the witness realize they’re trapped — and that moment sticks.
Key Points & Authority
- § 90.608, Fla. Stat. — Any party, including the party calling the witness, may impeach by prior inconsistent statement, bias, character (per 90.609–90.610), defect in capacity, or contradiction by other witnesses.
- No voucher rule: Florida lets a party impeach its own witness — you are not bound to vouch for everyone you call.
- Federal parallel: Fed. R. Evid. 607 (who may impeach), with 613 (prior statements) and 608–609 (character and convictions) covering the methods.
Federal Parallel
The federal counterpart to “who may impeach” is Fed. R. Evid. 607 — like Florida, it lets any party attack a witness’s credibility; the specific methods are spread across FRE 608, 609, and 613.
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)
Any party, including the party calling the witness, may attack the credibility of a witness by:
(1) Introducing statements of the witness which are inconsistent with the witness’s present testimony.
(2) Showing that the witness is biased.
(3) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s. 90.610.
(4) Showing a defect of capacity, ability, or opportunity in the witness to observe, remember, or recount the matters about which the witness testified.
(5) Proof by other witnesses that material facts are not as testified to by the witness being impeached.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.608 lets any party — including the party calling the witness — impeach by prior inconsistent statement, bias, character for truthfulness, defect in capacity, or contradiction by other witnesses; Florida has no voucher rule.