In Re: Amendments to the Florida Evidence Code

Summary

The Court granted rehearing, withdrew its prior opinion, and adopted the statutory hearsay exception for statements offered against a party who wrongfully caused or acquiesced in causing a declarant's unavailability, to the extent the provision is procedural, with retroactive effect. It declined to adopt the fiduciary lawyer-client privilege and the medical-negligence expert-qualification provision as procedural rules. Justice Pariente, concurring in part and dissenting in part, would have deferred adoption of the hearsay exception because of unresolved Confrontation Clause concerns, while Justice Canady would also have adopted the two rejected amendments.