Florida/mbe Distinctions

Front 1

MEDICAL RECORDS-FL
In Florida, medical records are confidential, but are not protected by an evidentiary privilege and must be produced if subpoenaed.

Back 1

MEDICAL RECORDS-FRE

Front 2

SUMMARY OF EVIDENCE-FL
1. Must give timely notice of intention to use summary
2. Proof of which filed w/ the court
3. Shall make summary AND originals or duplicates of the data (from which summary is compiled) available to other parties for examination/copying at a reasonable time & place.
4. Can include charts, graphs & calculations (even damages).

Back 2

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Front 3

Which privilege in FL is not recognized, but is recognized under federal law?
1. Physician-patient privilege.
*Medical records ARE confidential but NOT subject to an evidentiary privilege, and can be obtained if a party to a civil or criminal action follows a specific procedure.
1. Notice must be given to opposing party and legal rep.
2. Subpoena is issued.

Back 3

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Front 4

Evidence Charts
1. Must give notice to enter into evidence.

Back 4

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Front 5

Accident Report-FL
1. statements made to police @ accident scene are privileged and may not be used as evidence.
2. BUT, police can testify at a criminal trial as to statements made, as long as they don't lead to self-incrimination.
3. Results of breath, urine and blood tests are not confidential and may be admissible.
4. CAN'T admit actual statements made to police officers from accident report.

Back 5

No such privilege in FRE, which means that accident reports are admissible. (hearsay exception)

Front 6

Handwriting Disputes-FL
An expert must assist trier of fact when making same comparison for disputed writings.

Back 6

Handwriting Disputes-FRE
Non-expert testimony allowed to authenticate. Also, jury or judge can compare disputed writings with genuine writings through expert testimony or direct comparison.

Front 7

Compromise Negotiations-FL
Evidence of compromise negotiations are inadmissible in civil cases, except when used to impeach a witness with a prior inconsistent statement.

Back 7

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Front 8

Family Judgments-FL
Not admissible.

Back 8

Family Judgments-FRE
Narrow hearsay exception exists and admissible.

Front 9

Spousal-Privilege-FL
1. Statements made during and after marital relationship are protected, and both spouses can prevent another from disclosing communications.
2. Survives divorce.

Back 9

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Front 10

Business Records-FL
1. Must be kept in course of regularly scheduled business activity.
2. Departs-If it contains expert opinions, then it MUST also meet the requirements of expert testimony to be admissible.

Back 10

Business Records-FRE
More flexible, no expert testimony requirement.

Front 11

Character Evidence-FL
1. May only be proven through reputation.
2. Example-Cannot admit roommate testimony of one's opinion that guy arrested for fraud is "upstanding and honest". The "upstanding and honest" phrase is considered an opinion of the roommate and not admissible-he was using his own opinion and not stating it was the general reputation.
3. Specific instances of person's conduct can be used when character/trait of person is essential element of the charge, claim or defense. (more appropriate to offer specific instances evidence to show a dishonesty trait than opinion).

Back 11

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