§ 90.903, Fla. Stat. — Testimony of Subscribing Witness Unnecessary
Plain English
At old common law, if a document was signed by attesting (“subscribing”) witnesses, you sometimes had to track those witnesses down and call them just to authenticate the document. Florida did away with that. Under § 90.903, you do not need a subscribing witness to authenticate a writing — unless the statute that required the attestation also requires the witness’s testimony (the classic example being a will). For everything else, the document can be authenticated by the ordinary means in §§ 90.901–90.902.
From the Courtroom
This rule saves a lot of needless witness-hunting. A contract with two signatures at the bottom doesn’t require dragging in the people who witnessed it — ordinary authentication does the job. The exception that still bites is the will, where the attestation statute keeps the subscribing-witness requirement alive.
Key Points & Authority
- § 90.903, Fla. Stat. — A subscribing witness’s testimony is not necessary to authenticate a writing unless the attestation statute requires it.
- Most documents authenticate under §§ 90.901–90.902; wills remain the notable exception.
- Federal parallel: Fed. R. Evid. 903.
Federal Parallel
The federal counterpart is Fed. R. Evid. 903 — a subscribing witness’s testimony is not needed to authenticate a writing unless required by the law of the jurisdiction that governs its validity.
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)
The testimony of a subscribing witness is not necessary to authenticate a writing unless the statute requiring attestation requires it.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.903 provides that a subscribing witness’s testimony is not necessary to authenticate a writing unless the statute requiring attestation requires it.