Florida - Pending civil case. If evidence material to a case was obtained illegally (as defined by statute) prior to the....

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Florida - Pending civil case. If evidence material to a case was obtained illegally (as defined by statute) prior to the filing of the action, is the evidence (if admitted) then considered legal upon the statutes amendment no longer making the act of obtaining the evidence illegal upon its effective date.

Attorney Answers

3
Carin Constantine ·
The illegal act should prevent the evidence from being used. Criminal actions are rarely rewarded in civil court.
0 upvotes
Thomas Peppler ·
If the evidence was acquired by an illegal act, you can move to have the evidence suppressed. You should hire a lawyer to do this since it is a technical motion and will require legal argument to the court.
0 upvotes
Harley Herman ·
While the answer in most cases is that this type of evidence should be excluded, your question is far too general to obtain any meaningful advice in this type of forum. An attorney would have to review the type of case, the issues involved and evidence being tendered and the circumstances under which it was obtained. Making a proper objection to this type of evidence, requires the skills of an experienced attorney. If you are representing yourself in this matter and the issues involve a serious amount in controversy, this is a clear sign that you should hire an attorney, as it is unlikely that you will be able to make the necessary objection in the proper manner when you are in trial. Once submitted to the court, it will be very difficult to get the trier of fact to ignore it, even if it is ruled to be inadmissible.
0 upvotes