When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness. The party intending to use such a summary must give timely written notice of his or her intention to use the summary, proof of which shall be filed with the court, and shall make the summary and the originals or duplicates of the data from which the summary is compiled available for examination or copying, or both, by other parties at a reasonable time and place. A judge may order that they be produced in court.
Fla. Stat. § 90.956 — Summaries
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A Tool for Complex Cases: This rule provides a practical way to present evidence when dealing with "voluminous" records—a massive number of documents, recordings, or photos that would be too time-consuming and cumbersome to present individually to the jury.
How it Works: Instead of introducing every single document, a party can create a summary, chart, or calculation that accurately reflects the data from the underlying records. This summary is then presented through a qualified witness who can explain it. The summary itself can be admitted as evidence.
Procedural Safeguards: To ensure fairness, the party who creates the summary must follow strict procedures:
- They must give the opposing party timely written notice that they intend to use a summary.
- They must make all of the underlying original documents (or duplicates) available for the opposing party to inspect and copy. This allows the opponent to check the summary's accuracy and prepare a challenge if needed.
Additionally, the judge always has the authority to order that the original documents be produced in court.
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Cite as Fla. Stat. § 90.956 (2024)
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