Florida Florida Statutes
§ 90.801 — Hearsay; definitions; exceptions
FS § 90.801Ch. 90
Statute text
View on source(1)The following definitions apply under this chapter:(a) A “declarant” is a person who makes a statement.
(b)“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
(c)A “statement” is:1. An oral or written assertion; or 2. Nonverbal conduct of a person if it is intended by the person as an assertion.
(2)A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:(a) Inconsistent with the declarant's testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition; Authoritativeness of literature for use in cross-examination.—Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other writing may be used in cross-examination of an expert witness if the expert witness recognizes the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative, or, notwithstanding nonrecognition by the expert witness, if the trial court finds the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative and relevant to the subject matter.
Legislative history
s. 18, ch. 78-361; s. 2, ch. 78-379.