what evidence is needed for a florida states attorney to prove their fe

When is expert opinion evidence admissible in Florida?

 · There is no Florida rule of civil procedure, rule of evidence, or statute requiring expert testimony to support an award of attorneys’ fees. This requirement originated in case law. 13 In Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964), cert. denied, 172 So. 2d 601 (Fla. 1964), the Second DCA held that expert testimony was required to prove ...

When did Florida start requiring testimony of expert fees witnesses?

The original of a writing, recording, or photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible when: (1) All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith. (2) An original cannot be obtained in this state by any judicial process or procedure.

What is the first item of discovery for a defense attorney?

 · Even in a contempt case, where inability to pay is not required, you are wise to offer testimony about the financial effect of the contempt and the resulting attorney’s fees on your client, since an award of an attorney’s fee is not mandatory in contempt. Suess v. Suess, 718 So.2d 1126, 1129 (Miss. App. 1998). Remember that the ethical ...

What are a defendant’s rights to evidence and information?

The law regarding the pleading requirements for a claim for attorneys’ fees has evolved substantially in the past decade. Plaintiffs do not seem to have a problem with pleading a claim for fees. The problem area has involved claims by defendants. Under Fla. R. Civ. P. 1.170(a), addressing compulsory counterclaims, the defendant is required to counterclaim for …

How do you prove perjury in Florida?

Proving Perjury To establish perjury, regardless of whether the offense occurred in an official proceeding, the prosecutor must show that the defendant took an oath to tell the truth. The oath must reflect the taker's understanding that he must speak truthfully.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.

How long does the state attorney have to file charges in Florida?

Regardless of the severity of the charge, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

Which Florida statute discusses the limited admissibility of evidence?

TITLE VII - EVIDENCE. Chapter 90 - EVIDENCE CODE. 90.107 - Limited admissibility.

Can you be convicted without physical evidence?

Proof. In a criminal hearing or trial, it is always up to the prosecution to prove the offence, and this must be proved to a standard called 'beyond reasonable doubt'. You do not have to prove your innocence, or any alternative set of facts; you need only raise a reasonable doubt as to the prosecution's case.

Why do prosecutors sometimes choose not to prosecute?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Can charges be dropped before court?

A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.

What is the statute of limitations in the state of Florida?

In Florida, the statute of limitations is found at Florida Statutes, Section 95.11. Some of the most important limitations under Florida's statute include: Action to recover on a Florida judgment = 20 years. Breach of written contract = 5 years (only 4 years for oral contracts)

Can a first time misdemeanor be dismissed?

Depends. Some misdemeanors can be dismissed if the officer or complainant do not show. Fines would be applicable to traffic crimes and part of a guilty plea with a misdemeanor.

What is hearsay Florida?

(c) “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.

Which Florida statute law rule of procedure or constitution answers this question what matters must a court take judicial notice about?

Section 90.201, Florida Statutes, lists matters that a court must take judicial notice of, including: 1. Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.

Which Florida statute law rule of procedure or constitution sets how exhibits are attached in a civil cause of action?

“Florida Rule of Civil Procedure 1.130 provides that a written contract or document that forms the basis of a claim for relief shall be attached to or incorporated in the pleading and any exhibit that is attached to the pleading is considered a part of that pleading.

What court must determine whether parties bound by arbitration provision?

In Ruling on Motion to Compel Arbitration, Trial Court Must Determine whether Parties Bound by Arbitration Provision

What degree of certainty is required to prove loss of future earning capacity?

Loss of Future Earning Capacity Damages Must be Proven with Reasonable Degree of Certainty

Which amendment protects against self-incrimination?

Pleading the 5th Amendment Right Against Self Incrimination in a Civil Dispute

Why is an original recording required?

Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.

Can an expert serve as a conduit for inadmissible evidence?

Expert Cannot Serve as Conduit for Inadmissible Evidence / Hearsay

Is a photograph notrequired?

The original of a writing, recording, or photograph is notrequired, except as provided in s. 90.953, and other evidence of its contents is admissible when:

Can courts rewrite contracts?

Courts are not Here to Rewrite Bargained for Contractual Provisions

How to prove attorney fees?

Now that the preliminaries are in order, here are the five steps to prove attorney’s fees: Be sure to have your client testify about his or her ability to pay . In divorce cases, ability to pay is the most critical consideration, and if you do not establish your client’s inability to pay, she will not be eligible for an award of an attorney’s fee. ...

What happens if you don't prove the McKee factors?

The McKee factors govern the amount of the award, but as a practical matter, if you don’t prove them there is nothing in the record to determine what is reasonable, which means that a reward of zero is most likely. No matter how badly you and your client want that attorney’s fee award, if you don’t include proof of the McKee factors, ...

How to testify about prevailing rate?

Testify yourself about the prevailing rate charged by attorneys in the district . The award must be reasonable, and one of the key touchstones for reasonability is the usual and customary rate charged by attorneys in the district. But the prevailing rate is not binding on the court. The judge may award a fee at a greater or lesser rate if the circumstances warrant it. If you charged a rate different from the prevailing rate in the district, what rate did you charge and why? And if your rate exceeded the prevailing rate, what is your justification for doing so? Make your record.

Is an attorney's fee mandatory in contempt cases?

Even in a contempt case, where inability to pay is not required, you are wise to offer testimony about the financial effect of the contempt and the resulting attorney’s fees on your client, since an award of an attorney’s fee is not mandatory in contempt. Suess v.

Do you need to record your time in court?

Record your time as you move toward trial, and have your time record printed neatly. You will need it for your testimony in court.

How to impress your client favorably?

And one of the best ways to impress your client favorably is to hang your fees on the opposing party.

Can an advocate testify about contested merits?

Remember that the ethical rules do not allow you as an advocate to testify about the contested merits of the case. If you are going to prove your client’s inability to pay, you will need your client’s testimony. Testify yourself about the prevailing rate charged by attorneys in the district . The award must be reasonable, and one ...

Why did the defendant not get attorney fees?

The trial court and the district court ruled that the defendant was not entitled to fees because he had failed to meet the pleading requirements of Stockman.

What was the conclusion of the court in the case of the plaintiff in the case of the defendants?

The court concluded that there had been no action or inaction on the part of the plaintiff that could be interpreted to be a recognition of the fact that the defendants intended to claim attorneys’ fees or a waiver of objection to their failure to plead such a claim.

What is a waiver of a failure to plead?

It said that a party waives any objection to the failure to plead a claim for fees where that party has notice that an opponent claims entitlement to fees, and by its conduct recognizes or acquiesces to that claim or otherwise fails to object to the failure to plead entitlement.

What is the role of motion for attorney fees?

The existence or nonexistence of a motion for attorney’s fees may play an important role in decisions affecting a case. For example, the potential that one may be required to pay an opposing party’s attorney’s fees may often be determinative in a decision on whether to pursue a claim, dismiss it, or settle.

What is the purpose of a pleading requirement?

The fundamental concern is one of notice. Modern pleading requirements serve to notify the opposing party of the claims alleged and prevent unfair surprise. 40 Fla. Jur. 2d Pleadings §2 (1982). Raising entitlement to attorney’s fees only after judgment fails to serve either of these objectives. The existence or nonexistence of a motion for attorney’s fees may play an important role in decisions affecting a case. For example, the potential that one may be required to pay an opposing party’s attorney’s fees may often be determinative in a decision on whether to pursue a claim, dismiss it, or settle. A party should not have to speculate throughout the entire course of an action about what claims ultimately may be alleged against him. Accordingly, we hold that a claim for attorney’s fees, whether based on statute or contract, must be pled. Failure to do so constitutes a waiver of the claim. 11

What happens after a final judgment is entered?

The day after the final judgment was entered, the defendants filed a motion for fees based on the terms of the contract.

What court has cited Carman v. Gilbert?

The Third District Court of Appeal has cited Carman v. Gilbert with approval. 4 A party who complies with the Carman v. Gilbert analysis will have done everything necessary to raise the issue. Although it may not strictly be necessary, it would not hurt to ask the trial court expressly to reserve jurisdiction for an award of attorneys’ fees in the final judgment. 5 Finally, a motion to assess fees which is filed within 30 days of the entry of final judgment should be timely. 6

What is the best evidence rule in Florida?

In a recent Florida slip and fall case, the court had occasion to discuss what is called the “best evidence rule.” Under Florida Statutes section 90.954, “except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.” Thus, under the rule, if the evidence is a writing, recording, or photograph, only the original source of that evidence can be submitted. In the case mentioned above, the evidence at issue was video surveillance tape from the grocery store where the plaintiff slipped and fell.

What is the exception to the best evidence rule?

The most common exception to the best evidence rule involves the accidental destruction of evidence. Typically, this occurs when video evidence is destroyed or written over after an accident, but before the party in control of the evidence is made aware of the case. Often, grocery stores and other businesses that use continuous surveillance footage ...

How long do you have to file a slip and fall claim in Florida?

If you or someone you love has recently been injured in a Florida slip and fall accident, you must act fast. While you may have years to file your claim under the statute of limitations, the sooner you file, the better the chances are of obtaining all necessary evidence.

Why is the employee's memory of the video admissible under the best evidence rule?

Because the accident victim could not show that the store destroyed the video in bad faith, the employee’s memory of the video was admissible under the best evidence rule.

Is evidence admissible in Florida?

However, not all evidence is admissible for every purpose. Some evidence is categorically prohibited, and other evidence is admissible for limited purposes. The judge decides what evidence the jury will be able to consider, and for what purposes. In making these decisions, judges must follow the Florida Rules of Evidence.

What is the role of a judge in a personal injury trial?

Among a judge’s most important job is to determine which evidence the jury is permitted to consider in coming to its decision. When preparing for trial, parties gather all the evidence they hope to use to support their case. However, not all evidence is admissible for every purpose. Some evidence is categorically prohibited, and other evidence is admissible for limited purposes. The judge decides what evidence the jury will be able to consider, and for what purposes. In making these decisions, judges must follow the Florida Rules of Evidence.

Can the original be obtained?

The original cannot be obtained; The party trying to keep the evidence out was initially in control of the evidence, but they did not present the evidence when they received notice of the claim; or. The evidence is not related to a controlling issue in the case. The most common exception to the best evidence rule involves ...

How to determine the hourly rate of an attorney in Florida?

You determine the total fee by multiplying the fixed hourly rate by the number of hours your work.

How does a judge determine the number of fees?

The judge sets the fee by determining a list of factors that are set out in the Code of Professional Conduct, Rule 4-1.5 (b).

Can an attorney solicit a client in Florida?

Generally, an attorney in Florida or their employees may not solicit prospective clients in person when the main motive is a pecuniary gain if that potential client doesn’t have a familial relationship or a former client.

What is the purpose of the mittee on evidence?

mittee on Evidence to determine the advisability and feasibility of

Which rule would command such respect as to inspire state?

the Federal Rules would command such respect as to inspire state

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

Can a court find a Brady violation?

Courts have tended to be quicker to find Brady violations where the defense has specifically requested an item and the prosecution has misled the defense about its existence. Courts will find Brady violations in other circumstances too, as when the defense has made a very general request for exculpatory material or hasn’t made any request. But they might be slower to hold that the omission was material in these kinds of situations.

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)