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Laying the Foundation of Photographic Evidence
- https://provemyfloridacase.com/laying-the-foundation-of-photographic-evidence/
- Scarlett v. Ouellette, 948 So.2d 859, 863 (Fla. 3d DCA 2007). The key is that the photograph must be a fair and accurate representation of what it is attempting to depict. The witness laying the foundation of the photograph does not need to have taken the photograph to lay the appropriate foundation. Again, the witness just needs to be able to testify that the photograph fairly and …
Authentication of Digital Photographs Under the ... - The …
- https://www.floridabar.org/the-florida-bar-journal/authentication-of-digital-photographs-under-the-pictorial-testimony-theory-a-response-to-critics/
- Photographs have long been deemed admissible in Florida courts. 35 A photograph may be admissible, under the “pictorial testimony” theory, 36 “if relevant to any issue required to be proved in a case.” 37 The courts have determined that “[p]hotographs can be relevant to a material issue either independently or by corroborating other evidence.” 38 Once the relevancy hurdle has …
Statutes & Constitution :View Statutes - Online Sunshine
- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/0090.html
- — Photographs, diagrams, video recordings, audio recordings, computer records, or other business records maintained, disclosed, provided, or produced by a professional journalist, or by the employer or principal of a professional journalist, may be authenticated for admission in evidence upon a showing, by affidavit of the professional journalist, or other …
Chapter 90 Section 803 - 2018 Florida Statutes - The …
- https://www.flsenate.gov/Laws/Statutes/2018/90.803
- 1. Prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action. 2. Prove or explain acts of subsequent conduct of the declarant. (b) However, this subsection does not make admissible: 1. An after-the-fact statement of memory or belief to prove the fact ...
Chapter 90 - 2018 Florida Statutes - The Florida Senate
- https://www.flsenate.gov/Laws/Statutes/2018/Chapter90
- Presumption affecting the burden of producing evidence defined. 90.304. Presumption affecting the burden of proof defined. 90.401. ... General rule of competency. 90.603. Disqualification of witness. 90.604. Lack of personal knowledge. ... Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner. 90.951.
Statutes & Constitution :View Statutes - Online Sunshine
- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0092/Sections/0092.70.html
- 2. A procedure in which photographs are placed in folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed.
Social Media Evidence: What You Can’t Use Won’t ... - The …
- https://www.floridabar.org/the-florida-bar-journal/social-media-evidence-what-you-cant-use-wont-help-you-practical-considerations-for-using-evidence-gathered-on-the-internet/
- & #x2022; Authentication — The Florida Evidence Code requires the proponent of an item to produce evidence supporting a finding that the item is what its proponent claims it to be. 34 Authentication is a condition precedent to admissibility. 35 The major concerns surrounding the authentication of social media evidence is that there is little certainty that the …
Trial Handbook | Ervin A. Gonzalez
- http://www.ervingonzalez.com/trial-handbook/
- Barker, 664 So.2d 1054 (Fla. 2d DCA 1995) (Authentication or indemnification of evidence is required as condition precedent to its admissibility; evidence may be authenticated either by using extrinsic evidence or by showing that it meets requirements for self-authentication). J. Public Records. Florida Statutes Section 90.955, Tuten v.
Picture Perfect – How to Lay the Proper ... - Levinson Law …
- https://levinsonlawgroup.com/picture-perfect-how-to-lay-the-proper-foundation-for-photographic-evidence/
- Evidence Code §255 defines “original photographs” as including “the negative or any print therefrom.” In the case of digital photographs, Evidence Code §255 states that “ [i]f data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an ‘original’.”
ADMITTING A PHOTOGRAPH INTO EVIDENCE - The Better …
- https://betterchancery.com/2011/01/24/admitting-a-photograph-into-evidence/
- Only two things are required to be shown: That the witness knows relevant facts about the scene or objects represented in the photo; and. That he or she can say that it correctly and accurately portrays those facts (or, as many of us say, “It is a true and accurate depiction …”).
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