Florida Statutes 90.958 – Functions of court and jury
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(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.
Terms Used In Florida Statutes 90.958
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) Another writing, recording, or photograph produced at the trial is the original.
(c) Other evidence of the contents correctly reflects the contents.