§ 90.609, Fla. Stat. — Character of Witness as Impeachment
Plain English
This rule controls attacking — or rehabilitating — a witness’s credibility through reputation, with a tight focus. A party may put on evidence of a witness’s reputation, but it may refer only to character relating to truthfulness, not general “bad person” reputation. And there’s a sequencing rule: you cannot bolster a witness’s truthful reputation until someone has first attacked their character for truthfulness with reputation evidence. Note Florida’s method is reputation-based — a meaningful contrast with the federal rule, which also allows opinion testimony about truthfulness.
From the Courtroom
The mistake here is overreach — trying to call a parade of witnesses to brand the other side’s witness a bad person. 90.609 limits it to reputation for truthfulness, and you can’t prop up your own witness’s honesty until it has actually been attacked. Fire too early, or aim too broad, and the judge shuts it down.
Key Points & Authority
- § 90.609, Fla. Stat. — Credibility may be attacked or supported by reputation evidence limited to character for truthfulness.
- Sequencing: truthful-character evidence is admissible only after the witness’s truthfulness has been attacked by reputation evidence.
- Federal parallel: Fed. R. Evid. 608 (numbering offset — FL 90.609 maps to federal 608); the federal rule also permits opinion testimony, not just reputation.
Federal Parallel
The federal counterpart is Fed. R. Evid. 608 (numbering offset by one). The key difference: FRE 608 allows a witness’s character for truthfulness to be shown by opinion or reputation, while Florida’s § 90.609 is limited to reputation.
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)
A party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation, except that:
(1) The evidence may refer only to character relating to truthfulness.
(2) Evidence of a truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.609 permits attacking or supporting a witness’s credibility by reputation evidence limited to character for truthfulness; truthful-character evidence is admissible only after truthfulness has been attacked.