Original Document Requirement in Florida Courts
The original document requirement in Florida ensures that courts and opposing parties can examine actual documents rather than relying on potentially inaccurate secondary evidence about their contents.
Purpose
The requirement prevents fraud and ensures accuracy. Documents contain precise language that affects legal rights; testimony about document contents risks inaccuracy, omission, and fabrication. By requiring the original or a verified duplicate, Florida courts ensure that factual determinations are based on the best available evidence.
When Originals Are Unavailable
Section 90.954 permits secondary evidence when the proponent demonstrates good-faith unavailability. The proponent must explain the circumstances of loss or destruction and show that the absence is not the result of bad faith. Once this foundation is established, oral testimony, notes, partial copies, and other secondary evidence become admissible to prove the document's contents.
Related Terms
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC