Testimony from a Deceased Witness in Florida: What Happened and What They Saw

– Florida Statute § 90.602 was repealed in 2005 by the Florida Legislature.
– The statute barred an interested party in an estate from offering testimony regarding oral communications with a deceased person unless there was a waiver in place.
– The statute only applied when a witness was testifying for their own sole interest and it would have an adverse effect on the interest of the decedent and their estate.
– The court in Viscito v. Fred S. Carbon Co. provided an analysis of the statute and stated that it was not designed to preclude testimony regarding a standard corporate arrangement upon the death of a corporate agent. 1. Under Florida Statute § 90.804(2)(e), the testimony of an interested party regarding oral communication with a deceased person is now admissible under certain conditions.
2. The hearsay exception only applies if the declarant is unavailable to testify and the statement made is similar to a previously admitted statement.
3. The statute has a narrow scope and applies in actions brought against certain individuals, such as a personal representative or trustee of a deceased person.
4. The statement must be related to the same subject matter as a previously admitted statement to be admissible.
5. Statements that do not offer relevant subject matter will be excluded from evidence. – Florida Statute § 90.804(2)(e) is likely to be used in probate and trust litigation cases.
– The statute can be used when a party offers a trust or will into evidence and the opposing party brings in hearsay of a dead declarant regarding the trust or will.
– There is limited case law specifically analyzing Florida Statute § 90.804(2)(e) due to its recent addition to the hearsay exceptions and limited applicability.

https://www.jimersonfirm.com/blog/2017/07/statements-deceased-witness-florida/