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What is the Rule of Completeness, and How is it Relevant to Your Divorce Case?

The Rule of Completeness is codified in Florida evidence code and, states, in relevant part, as follows:

When a written or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any written or recorded statement that in fairness ought to be considered contemporaneously. (Florida Statute 90.108(1), Florida Statute (2017).)

The purpose of the rule is to avoid the potential for creating misleading impressions by taking statements out of context. By its express terms, the Rule of Completeness is not absolute, and in the interest of fairness, a trial court may exercise its discretion to exclude irrelevant portions of a recorded statement. A trial court’s fairness determination under the rule is reviewed for abuse of discretion. 

A court can determine that the vast majority of the text or email that is being introduced or was introduced into evidence is entirely irrelevant to the issues being tried. It is the opposing party’s obligation to point out to the trial court a portion of the excluded text or email that was in any way relevant to the case or that would have shed any light on the portions of the text or email that were admitted. 

How could that be relevant to your Orlando, Florida or Lake Mary, Florida divorce case? That may be relevant because in many divorce cases in the Orlando, Florida area, especially in cases where there are Time Sharing and Parenting Plan issues, the parties have multiple text messages and emails between themselves regarding those issues and other periphery issues regarding the children. There may be multitudes of emails or text messages on these issues. The emails and texts may contain multiple pages. 

The Rule of Completeness may help you exclude a text or email that the opposing party is trying to enter into evidence that excludes the portions that are favorable to your position as long as they are relevant and pertinent to the issues of the case. At the same time, if you have a relevant text that you want to enter into evidence because it helps your position, but the other side is objecting due to the Rule of Completeness, it may not be necessary that the whole text come into evidence in unless it is relevant and pertinent to the issues before the court. .  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.