Florida · Litigation reference
12 trial objections, Evidence-Code cited
The same material trial handbooks publish, organized for speed: each ground with its statutory citation, when it applies, the responses a proponent typically offers, and how the point is preserved for appeal. Uniform published reference — nothing here is advice about your case, and courtroom judgment calls belong to counsel.
Relevance
Objection — relevance, §§ 90.401–.402.
When it applies: The evidence does not tend to prove or disprove a material fact.
Responses a proponent typically offers
- Logical relevance (§ 90.401, Fla. Stat.) — Tie the fact to an element in the pleadings — name the element.
- Conditional relevance / connect up (§ 90.105(2), Fla. Stat.) — Offer to connect through a later witness; ask the court to admit subject to being connected.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence).
Unfair prejudice / confusion / waste
Objection — § 90.403: probative value substantially outweighed by unfair prejudice.
When it applies: Relevant but inflammatory, cumulative, confusing, or misleading evidence.
Responses a proponent typically offers
- Probative-value showing (§ 90.403, Fla. Stat.) — The balance must SUBSTANTIALLY favor exclusion — argue the disputed issue the evidence resolves.
- Limiting instruction (§ 90.107, Fla. Stat.) — Offer a limiting instruction confining the purpose.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence). Ask for the 403 balancing ON THE RECORD — a silent overruling is harder to defend and harder to appeal.
Hearsay
Objection — hearsay, § 90.802.
When it applies: Out-of-court statement offered to prove the truth of the matter asserted.
Responses a proponent typically offers
- Not for the truth (§ 90.801(1)(c), Fla. Stat.) — Offered for effect on listener, notice, or state of mind — say WHICH and ask for a limiting instruction.
- Definitional exclusions (§ 90.801(2), Fla. Stat.) — Prior inconsistent under oath, prior consistent to rebut recent fabrication, or identification.
- Admissions (§ 90.803(18), Fla. Stat.) — Party opponent's own statement, adopted, authorized, agent-scope, or co-conspirator.
- Business records (§ 90.803(6), Fla. Stat.) — Records custodian or § 90.902(11) certification; made at/near the time by a person with knowledge, kept in the regular course.
- Other 803/804 exceptions (§§ 90.803, 90.804, Fla. Stat.) — Spontaneous statement, excited utterance, then-existing state, medical diagnosis, public records; unavailability set for 804.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence). If the court admits under an exception, get the EXCEPTION named on the record.
Lack of foundation / authentication
Objection — lack of foundation; authentication, § 90.901.
When it applies: The exhibit or testimony lacks the predicate showing it is what it purports to be.
Responses a proponent typically offers
- Lay the predicate (§ 90.901, Fla. Stat.) — Witness with knowledge identifies; distinctive characteristics; chain of custody where fungible.
- Self-authentication (§ 90.902, Fla. Stat.) — Certified public records, certified business records under (11) with notice.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence).
Lack of personal knowledge / speculation
Objection — lack of personal knowledge, § 90.604; calls for speculation.
When it applies: Witness testifies to matters not perceived firsthand.
Responses a proponent typically offers
- Perception predicate (§ 90.604, Fla. Stat.) — Establish when/where/how the witness perceived the fact.
- Lay opinion (§ 90.701, Fla. Stat.) — Rational perception + helpful to the trier — reframe the question.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence).
Improper opinion / expert outside Daubert scope
Objection — improper opinion, §§ 90.701–.702; outside the witness's disclosed opinions.
When it applies: Lay witness gives expert conclusions, or an expert exceeds disclosed, reliable methodology.
Responses a proponent typically offers
- Daubert predicate (§ 90.702, Fla. Stat.) — Sufficient facts, reliable principles, reliable application — walk the three prongs.
- Disclosure match (Fla. R. Civ. P. 1.280(c)(5)) — Show the opinion was disclosed; if attacking, cite the specific report/interrogatory gap.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence). A pretrial Daubert denial should be renewed when the opinion is offered unless the ruling was definitive.
Leading
Objection — leading, § 90.612(3).
When it applies: Counsel suggests the answer on direct examination.
Responses a proponent typically offers
- Permitted uses (§ 90.612(3), Fla. Stat.) — Preliminary matters, hostile witness, adverse party, or as necessary to develop testimony.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence). Rarely reversible alone — object for control, not for the record.
Best evidence rule
Objection — best evidence, § 90.952: the writing itself is required.
When it applies: Testimony about a writing's contents offered instead of the writing.
Responses a proponent typically offers
- Duplicates (§ 90.953, Fla. Stat.) — A duplicate is admissible to the same extent as the original unless it is a negotiable instrument or security, a genuine question is raised about authenticity, or admitting it would be unfair.
- Originals excused (§ 90.954, Fla. Stat.) — Lost/destroyed without bad faith, unobtainable by judicial process, in the opponent's control after notice, or not related to a controlling issue.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence).
Privilege
Objection — privilege (attorney-client, § 90.502; specify the privilege).
When it applies: The question calls for a privileged communication.
Responses a proponent typically offers
- Waiver (§ 90.507, Fla. Stat.) — Voluntary disclosure of a significant part waives — identify the disclosure.
- Crime-fraud / exceptions (§ 90.502(4), Fla. Stat.) — Services sought to further crime or fraud; joint-client disputes.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence). If overruled, seek to answer under seal or proffer the privilege log reference — never volunteer the content.
Improper character evidence
Objection — improper character evidence, § 90.404.
When it applies: Other acts offered to show propensity.
Responses a proponent typically offers
- Non-propensity purpose (§ 90.404(2)(a), Fla. Stat.) — Motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake — name the purpose and its disputed issue.
- Habit / routine (§ 90.406, Fla. Stat.) — Routine practice of an organization is not character.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence).
Form: compound / argumentative / asked-and-answered / assumes facts
Objection — form: [compound / argumentative / asked and answered / assumes facts not in evidence].
When it applies: The question's form, not its subject, is defective — the court controls interrogation under § 90.612(1).
Responses a proponent typically offers
- Rephrase (§ 90.612(1), Fla. Stat.) — Split the compound; strike the argument; establish the assumed fact first.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence). Say WHICH form defect — a bare 'form' objection may preserve nothing.
Improper impeachment
Objection — improper impeachment, §§ 90.608–.610.
When it applies: Impeachment outside the permitted modes (bias, prior inconsistent statement, defect of capacity, bad character for truthfulness, qualifying convictions).
Responses a proponent typically offers
- Prior inconsistent predicate (§ 90.614, Fla. Stat.) — Direct the witness to time/place/person; extrinsic proof only after denial and on a non-collateral point.
- Conviction scope (§ 90.610, Fla. Stat.) — Felony or dishonesty crimes; number of convictions, not details, absent an open door.
Preservation: Timely + specific ground on the record preserves the point (§ 90.104(1)(a)); after a definitive ruling on the record, no renewal needed (§ 90.104(1), its closing sentence).
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