Florida Mock Trial Rules

South

FL · Capital: Tallahassee

Evidence Rules

Florida Evidence Code

Citation: Fla. Stat. Ch. 90

Key Differences from Federal Rules of Evidence

Florida codifies its evidence rules by statute (Chapter 90, Florida Statutes) rather than through court-promulgated rules
Florida Section 90.702 returned to the Daubert standard in 2019 after decades of using the Frye standard for expert testimony
Florida Section 90.803(23) provides a specific hearsay exception for elderly or disabled adult statements in abuse cases
Florida has a broader dangerous-instrumentality doctrine affecting burden of proof in negligence cases

Notable Rules

Rule	Description
Fla. Stat. § 90.404(2)	Williams Rule allows evidence of similar crimes, wrongs, or acts to prove modus operandi, identity, or absence of mistake in criminal cases
Fla. Stat. § 90.804(2)(a)	Former testimony exception requires the declarant to be unavailable AND the party against whom it is offered had opportunity to examine
Fla. Stat. § 90.702	Daubert standard for expert testimony reliability requires scientific methodology or technical principles that can be tested

Trial Procedure

Civil Procedure

Florida Rules of Civil Procedure (Fla. R. Civ. P.)

Criminal Procedure

Florida Rules of Criminal Procedure (Fla. R. Crim. P.)

Key Features

Florida has broad discovery rules including mandatory disclosure under Fla. R. Civ. P. 1.280
Stand Your Ground immunity hearings require a pretrial evidentiary hearing under Fla. Stat. § 776.032
Florida Circuit Courts have general trial jurisdiction; County Courts handle cases under $50,000

Jury Rules

Civil Jury Size

Criminal Jury Size

Yes

Unanimity Required

Civil juries consist of 6 jurors
Criminal juries: 12 for all felonies (expanded from capital-only in 2024), 6 for misdemeanors
All criminal verdicts must be unanimous; civil verdicts also require unanimity

Special Features

Stand Your Ground Law

Florida's Stand Your Ground statute (§ 776.032) provides pretrial immunity from prosecution, requiring a special evidentiary hearing where the burden shifts to the prosecution to disprove self-defense by clear and convincing evidence.

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