When evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Fla. Stat. § 90.107 — Limited admissibility
Original Text
Simplified Text
The "Limiting Instruction": This statute covers situations where a piece of evidence is legally admissible for one specific purpose but is inadmissible for other purposes. It gives the court a tool to manage this situation: the "limiting instruction."
Core Principle: If evidence is allowed in for a specific reason, a party can request that the judge instruct the jury on the proper scope of the evidence. The judge is required ("shall") to grant this request.
Example: A prior inconsistent statement of a witness is often admissible to impeach (discredit) the witness's credibility. However, it is typically not admissible as substantive evidence to prove the truth of what the statement says. In this case, upon request, the judge would instruct the jury:
"Ladies and gentlemen, you may consider the witness's prior statement only for the purpose of judging their credibility. You may not use it as proof of the matter asserted in that statement."
This instruction "restricts the evidence to its proper scope" and prevents the jury from using it for an improper purpose.
Back to Table of Contents
Cite as Fla. Stat. § 90.107 (2024)
Copied!