§ 90.957, Fla. Stat. — Testimony or Written Admissions of a Party
Plain English
You can prove what a document, recording, or photo contained by using the opposing party’s own testimony, deposition, or written admission—and you don’t have to explain why you didn’t produce the original. The opponent’s own words about the contents are enough.
From the Courtroom
This is a quiet but powerful shortcut. If the other side admitted—in a deposition or in writing—what a contract, letter, or recording said, you can prove its contents through that admission without chasing the original. Watch the limit: it has to be testimony, a deposition, or a written admission. A casual oral statement out of court won’t carry the load, so pin the admission down on the record or in writing.
Key Points & Authority
- Proof by the opponent’s admission. Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom they are offered, or by that party’s written admission.
- No original required. The proponent need not account for the nonproduction of the original.
- Form matters. The admission must be testimony, a deposition, or written—not an offhand oral out-of-court statement.
Federal Parallel
Florida § 90.957 mirrors Federal Rule of Evidence 1007 (Testimony or Statement of a Party to Prove Content). Both let a party’s own testimony, deposition, or written statement/admission prove contents without producing the original or accounting for its absence. Cross-reference is text-only until the Federal Rules of Evidence Rule Book is built.
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)
90.957 Testimony or written admissions of a party.—A party may prove the contents of writings, recordings, or photographs by the testimony or deposition of the party against whom they are offered or by that party’s written admission, without accounting for the nonproduction of the original.
Educational reference. Educational summary of Florida statutory law, not legal advice.
What this rule means in plain English
You can prove what a document, recording, or photo contained by using the opposing party’s own testimony, deposition, or written admission—and you don’t have to explain why you didn’t produce the original. The opponent’s own words about the contents are enough.