§ 90.952, Fla. Stat. — Requirement of Originals (Best Evidence Rule)
Plain English
This is the famous “best evidence rule” — and it’s much narrower than its reputation. To prove the contents of a writing, recording, or photograph, you generally need the original (except as a statute provides otherwise). The key word is contents: the rule only bites when you’re trying to prove what a document actually says, not every fact that happens to be written down somewhere. And “original” is defined broadly in § 90.951 — a computer printout that accurately reflects the data is an original, and a photograph’s negative or any print from it is an original. Duplicates are then generally admissible to the same extent as originals under § 90.953.
From the Courtroom
The best-evidence rule gets invoked far more often than it actually applies. It only bites when you are proving the contents of a document. You don’t need the original contract to testify that you were paid — you need it to prove what the contract said. Knowing that distinction wins a surprising number of otherwise pointless objections.
Key Points & Authority
- § 90.952, Fla. Stat. — To prove the contents of a writing, recording, or photograph, an original is required except as otherwise provided by statute.
- § 90.951 defines “original” broadly (accurate computer printouts; a negative or any print of a photograph); § 90.953 makes duplicates generally admissible to the same extent as originals.
- Federal parallel: Fed. R. Evid. 1002 (note the numbering jump — Florida’s best-evidence rule is § 90.952, the federal rule is FRE 1002).
Federal Parallel
The federal counterpart is Fed. R. Evid. 1002 (numbering differs significantly — Florida groups the best-evidence rules in §§ 90.951–90.958, while the federal rules use the 1001–1008 series). The substance — an original required to prove contents, with duplicates broadly allowed — is the same.
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)
Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.952 is Florida’s best-evidence rule: to prove the contents of a writing, recording, or photograph an original is required except as provided by statute. It applies only to proving contents; “original” is defined broadly in §90.951 and duplicates are generally admissible under §90.953.