Florida Statute 90.615 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.615

90.615 Calling witnesses by the court.—

(1) The court may call witnesses whom all parties may cross-examine.

(2) When required by the interests of justice, the court may interrogate witnesses, whether called by the court or by a party.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

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Amendments to 90.615

Annotations, Discussions, Cases:

Cases Citing Statute 90.615

Total Results: 29

State v. Smith

573 So. 2d 306, 1990 WL 252114

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 132818

Cited 126 times | Published

state's motion to call Estes as a court witness. Section 90.615 of the Florida Statutes (1985) provides a trial

State v. Smith

573 So. 2d 306, 1990 WL 252114

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 132818

Cited 126 times | Published

state's motion to call Estes as a court witness. Section 90.615 of the Florida Statutes (1985) provides a trial

Wasko v. State

505 So. 2d 1314, 12 Fla. L. Weekly 123

Supreme Court of Florida | Filed: Mar 5, 1987 | Docket: 293020

Cited 44 times | Published

a witness whom all parties may cross-examine. § 90.615, Fla. Stat. (1985). Calling such a court witness

Sparks v. State

740 So. 2d 33, 1999 WL 168471

District Court of Appeal of Florida | Filed: Mar 30, 1999 | Docket: 1456481

Cited 36 times | Published

of justice requires that course of action. See § 90.615, Fla. Stat. (1997). Likewise, the trial judge

Shere v. State

579 So. 2d 86, 1991 WL 45123

Supreme Court of Florida | Filed: Apr 4, 1991 | Docket: 2041247

Cited 32 times | Published

Greulich to testify as a court witness pursuant to section 90.615(1) of the Florida Statutes (1987).[9] We agree

Jackson v. State

498 So. 2d 906, 11 Fla. L. Weekly 609

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 1699700

Cited 29 times | Published

now be found in the Florida Evidence Code, section 90.615, Florida Statutes, to wit: 90.615 Calling

Austin v. State

461 So. 2d 1380

District Court of Appeal of Florida | Filed: Dec 17, 1984 | Docket: 464587

Cited 23 times | Published

of calling Mincey as a court witness under Section 90.615 for the purpose of eliciting his prior inconsistent

Amend. to Fl. Family Law Rules of Proc.

723 So. 2d 208, 1998 WL 765134

Supreme Court of Florida | Filed: Oct 29, 1998 | Docket: 1693632

Cited 14 times | Published

So.2d 874 (Fla. 4th DCA 1993). Additionally, section 90.615(1), Florida Statutes, allows the court to call

Ritter v. Jimenez

343 So. 2d 659

District Court of Appeal of Florida | Filed: Mar 8, 1977 | Docket: 2543484

Cited 9 times | Published

1976 Supp., to become effective July 1, 1977. Section 90.615 thereof, entitled "Calling witnesses by the

Dudley v. State

545 So. 2d 857, 1989 WL 65508

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 1345717

Cited 8 times | Published

calling [the witness] as a court witness under Section 90.615 for the purpose of eliciting his prior inconsistent

McNeil v. State

433 So. 2d 1294

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1727668

Cited 6 times | Published

court call Mr. Andrews as its own witness under § 90.615, Florida Statutes, so that the state could impeach

R.O. v. State

46 So. 3d 124, 2010 Fla. App. LEXIS 15827

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296171

Cited 5 times | Published

witnesses when required by the interests of justice. § 90.615(2), Fla. Stat. (2009). Questioning may be necessary

Jordan v. State

597 So. 2d 352, 1992 WL 74886

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 1351279

Cited 4 times | Published

"[w]hen required by the interests of justice." Section 90.615, Fla. Stat. The criteria for a finding of involuntary

Williams v. State

443 So. 2d 1053

District Court of Appeal of Florida | Filed: Jan 10, 1984 | Docket: 1459179

Cited 4 times | Published

subject to cross-examination by all parties. Section 90.615(1), Florida Statutes (1981). It is well established

RO v. State

46 So. 3d 124, 2010 WL 4103320

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 2399514

Cited 3 times | Published

witnesses when required by the interests of justice. § 90.615(2), Fla. Stat. (2009). Questioning may be necessary

Vivian v. Schembari

966 So. 2d 492, 2007 WL 3010024

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 2546133

Cited 2 times | Published

trial court's questioning of the former wife. See § 90.615(2), Fla. Stat. (2006). The court's questions pertained

Perry v. State

776 So. 2d 1102, 2001 Fla. App. LEXIS 1232, 2001 WL 108892

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64803411

Cited 1 times | Published

accuse Perry of having “raped” her. We affirm. Section 90.615(2), Florida Statutes, provides that a court

JORGE CARRILLO v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738036

Published

776 So. 2d 1102, 1103 (Fla. 5th DCA 2001) (“Section 90.615(2), Florida Statutes, provides that a court

CARY MARCONI v. TAMER ERTURK

District Court of Appeal of Florida | Filed: Mar 18, 2020 | Docket: 16986313

Published

wife’s testimony on this matter if necessary. See § 90.615(2), Fla. Stat. (2018) (“When required by the interests

Y v. v. Dept. of Children and Families

271 So. 3d 1160

District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909089

Published

by the interests of justice.’” Id. (quoting section 90.615(2), Fla. Stat. (2017)). “Such questioning

E.T., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

261 So. 3d 593

District Court of Appeal of Florida | Filed: Jan 2, 2019 | Docket: 8468342

Published

witnesses, whether called by the court or by a party.” § 90.615(2), Fla. Stat. “Such questioning may be appropriate

R.W. v. Department of Children & Families

189 So. 3d 978, 2016 Fla. App. LEXIS 4871, 2016 WL 1239878

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049129

Published

witnesses “when required by the interests of justice.” § 90.615(2), Fla. Stat. (2015). Such questioning may be

Lloyd Phelps v. State of Florida

154 So. 3d 1232

District Court of Appeal of Florida | Filed: Jan 29, 2015 | Docket: 2629729

Published

*1233 as a “court witness” pursuant to section 90.615(1), Florida Statutes, 1 in light

Jones v. State

54 So. 3d 503, 2010 Fla. App. LEXIS 17932, 2010 WL 4723069

District Court of Appeal of Florida | Filed: Nov 22, 2010 | Docket: 60298295

Published

witnesses, whether called by the court or by a party.” § 90.615(2), Fla. Stat. (2010). But a trial judge should

R.L.T. Financial Mgmt., Inc. v. Lincoln Benefit Life Co.

832 So. 2d 932, 2002 Fla. App. LEXIS 19160, 2002 WL 31870182

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64819528

Published

v. Warren, 157 So.2d 553 (Fla. 1st DCA 1963); § 90.615(2), Fla. Stat. (2000).

Poe v. State

746 So. 2d 1211, 1999 Fla. App. LEXIS 16943, 1999 WL 1204818

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 64792975

Published

“[w]hen required by the interests of justice.” § 90.615(2), *1214Fla. Stat. (1997). Such questioning may

Amendments to the Florida Family Law Rules of Procedure

746 So. 2d 1073, 24 Fla. L. Weekly Supp. 60, 1999 Fla. LEXIS 80, 1999 WL 42024

Supreme Court of Florida | Filed: Jan 28, 1999 | Docket: 64792943

Published

So.2d 874 (Fla. 4th DCA 1993). Additionally, section 90.615(1), Florida Statutes, allows the court to call

Wolcoff v. State

576 So. 2d 726, 1991 Fla. App. LEXIS 16, 1991 WL 132

District Court of Appeal of Florida | Filed: Jan 4, 1991 | Docket: 64657418

Published

witnesses whom all parties may cross-examine, § 90.615(1), Fla.Stat. (1987), and that at the time of

McAvoy v. State

501 So. 2d 642, 12 Fla. L. Weekly 118, 1986 Fla. App. LEXIS 11051

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 64624652

Published

trial. . Kincaid was called pursuant to section 90.-615(1), Florida Statutes (1985), which provides: