§ 90.958, Fla. Stat. — Functions of Court and Jury
Plain English
This rule splits the job between judge and jury on best-evidence questions. Generally, when admitting “other evidence” of a document’s contents turns on a preliminary fact, the judge decides whether that fact exists. But three specific questions go to the jury: whether the asserted writing ever existed, whether a writing, recording, or photo produced at trial is actually the original, and whether the other evidence correctly reflects the contents.
From the Courtroom
This is the allocation rule that decides who gets the last word when the existence or authenticity of a document is genuinely in dispute. Most foundational gatekeeping is the judge’s call—but once the real fight is whether the document ever existed, which copy is the original, or whether the secondary evidence is accurate, that becomes a jury question. Frame your objections accordingly: argue admissibility to the judge, and save the “you can’t trust that copy” argument for the jury.
Key Points & Authority
- Judge’s role. When admissibility of other evidence of contents depends on a preliminary fact, the court determines whether that fact exists. § 90.958(1).
- Jury’s role. The trier of fact decides whether the asserted writing ever existed, whether a writing, recording, or photograph produced at trial is the original, and whether other evidence of the contents correctly reflects the contents. § 90.958(2).
- Caps the best-evidence cluster (§§ 90.951–90.958) by dividing gatekeeping from fact-finding.
Federal Parallel
Florida § 90.958 tracks Federal Rule of Evidence 1008 (Functions of the Court and Jury). Both allocate preliminary best-evidence questions to the judge while reserving the existence of the writing, which item is the original, and the accuracy of other evidence of contents for the jury. 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)
90.958 Functions of court and jury.—
(1) Except as provided in subsection (2), when the admissibility under this chapter of other evidence of the contents of writings, recordings, or photographs depends upon the existence of a preliminary fact, the question as to whether the preliminary fact exists is for the court to determine.
(2) The trier of fact shall determine whether:
(a) The asserted writing ever existed.
(b) Another writing, recording, or photograph produced at the trial is the original.
(c) Other evidence of the contents correctly reflects the contents.
Educational reference. Educational summary of Florida statutory law, not legal advice.
What this rule means in plain English
This rule splits the job between judge and jury on best-evidence questions. Generally, when admitting “other evidence” of a document’s contents turns on a preliminary fact, the judge decides whether that fact exists. But three specific questions go to the jury: whether the asserted writing ever existed, whether a writing, recording, or photo produced at trial is actually the original, and whether the other evidence correctly reflects the contents.