The original of a writing, recording, or photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible when:
- (1) All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith.
- (2) An original cannot be obtained in this state by any judicial process or procedure.
- (3) An original was under the control of the party against whom offered at a time when that party was put on notice by the pleadings or by written notice from the adverse party that the contents of such original would be subject to proof at the hearing, and such original is not produced at the hearing.
- (4) The writing, recording, or photograph is not related to a controlling issue.
"Good Excuses" for Not Having the Original: This statute provides the four main exceptions to the Best Evidence Rule. If a party can prove one of these situations exists, they are excused from producing the original document and may prove its contents through "other evidence" (like a copy or witness testimony).
An original is not required if:
- (1) Lost or Destroyed: All originals have been lost or destroyed, so long as the party offering the evidence did not get rid of them in bad faith.
- (2) Unobtainable: An original cannot be retrieved through any available Florida judicial process (e.g., it is located in another country that will not honor a subpoena).
- (3) In Opponent's Possession: The opposing party has control of the original, was given notice that it would be needed for trial, and has failed to produce it.
- (4) Not Important (Collateral Matter): The document's contents relate only to a minor, peripheral issue and are not part of a controlling issue in the case.
