§ 90.954, Fla. Stat. — Admissibility of Other Evidence of Contents
Plain English
This is the “excuses for not having the original” rule. Even though the best-evidence rule (§ 90.952) usually wants the original, § 90.954 says you can prove a document’s contents by other evidence — testimony, a copy, notes — when: (1) all originals are lost or destroyed (and the proponent didn’t do it in bad faith); (2) no original can be obtained by any judicial process in Florida; (3) the original is in the opposing party’s control and, after being put on notice that its contents would be proved, that party doesn’t produce it; or (4) the writing is not related to a controlling issue in the case.
From the Courtroom
When the original is gone, 90.954 is your path back in — but mind the bad-faith trap. If your client lost or destroyed the document, you’d better be ready to show it wasn’t to gain an advantage, or the door stays shut. And subsection (3) is a quiet weapon: notice the other side that you’ll prove the contents, and if they sit on the original, you can prove it without it.
Key Points & Authority
- § 90.954, Fla. Stat. — Other evidence of contents is admissible when originals are lost/destroyed (not in bad faith), unobtainable by Florida judicial process, withheld by the opposing party after notice, or unrelated to a controlling issue.
- Operates as the exception to § 90.952’s requirement of an original (subject to § 90.953 on duplicates).
- Federal parallel: Fed. R. Evid. 1004.
Federal Parallel
The federal counterpart is Fed. R. Evid. 1004 — an original is not required, and other evidence of contents is admissible, where originals are lost or destroyed (not in bad faith), unobtainable, in an opponent’s control, or not closely related to a controlling issue.
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 original of a writing, recording, or photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible when:
(1) All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith.
(2) An original cannot be obtained in this state by any judicial process or procedure.
(3) An original was under the control of the party against whom offered at a time when that party was put on notice by the pleadings or by written notice from the adverse party that the contents of such original would be subject to proof at the hearing, and such original is not produced at the hearing.
(4) The writing, recording, or photograph is not related to a controlling issue.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.954 allows other evidence of a writing’s contents (no original required) when originals are lost/destroyed without bad faith, cannot be obtained by Florida judicial process, are withheld by the opposing party after notice, or are not related to a controlling issue.