Fla. R. Civ. P. 1.450

Evidence

sha256 70832f2dc29d1c16f49bea3f49ddb901… · retrieved 7/11/2026, 11:08:28 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.450. 	EVIDENCE
(a) 	Record of Excluded Evidence. In an action tried by a
jury if an objection to a question propounded to a witness is
sustained by the court, the examining attorney may make a specific
offer of what the attorney expects to prove by the answer of the
witness. The court may require the offer to be made out of the
hearing of the jury. The court may add such other or further
statement as clearly shows the character of the evidence, the form
in which it was offered, the objection made, and the ruling thereon.
In actions tried without a jury the same procedure may be followed
except that the court upon request shall take and report the
evidence in full unless it clearly appears that the evidence is not
admissible on any ground or that the witness is privileged.
(b) 	Filing. When documentary evidence is introduced in an
action, the clerk or the judge shall endorse an identifying number
or symbol on it and when proffered or admitted in evidence, it shall
be filed by the clerk or judge and considered in the custody of the
court and not withdrawn except with written leave of court.
Committee Notes

1971 Amendment. Subdivision (d) is amended to eliminate
the necessity of a court order for disposal of exhibits. The clerk
must retain the exhibits for 1 year unless the court permits removal
earlier. If removal is not effected within the year, the clerk may
destroy or dispose of the exhibits after giving the specified notice.
1996 Amendment. Former subdivision (a) entitled “Adverse
Witness” is deleted because it is no longer needed or appropriate
because the matters with which it deals are treated in the Florida
Evidence Code.
Court Commentary
1984 Amendment. Subdivision (d) was repealed by the
supreme court; see 403 So. 2d 926.
Subdivision (e): This rule was originally promulgated by the
supreme court in Carter v. Sparkman, 335 So. 2d 802, 806 (Fla.
1976).
In The Florida Bar, in re Rules of Civil Procedure, 391 So. 2d
165 (Fla. 1980), the court requested the committee to consider the
continued appropriateness of rule 1.450(e). In response, the
committee recommended its deletion. After oral argument in The
Florida Bar: In re Rules of Civil Procedure, 429 So. 2d 311, the court
specifically declined to abolish the rule or to adopt a similar rule for
other types of actions.
The committee again considered rule 1.450(e) in depth and at
length and again recommends its deletion for the reason that no
exception should be made in the rule to a particular type of action.
Subdivision (f): The West’s Desk Copy Florida Rules of Court,
at page 62, points out:
“The per curiam opinion of the Florida Supreme Court of June
21, 1979 (403 So.2d 926) provides: ‘On March 8, 1979, the Court
proposed new Rule 1.450 of the Florida Rules of Civil Procedure
which would provide for the disposal of exhibits and depositions in
civil matters. Absent further action by the Court, the proposed rule

was to become effective July 2, 1979. The Court has carefully
considered the responses received regarding proposed Rule 1.450(f)
and now feels that the July 2, 1979, effective date does not allow
sufficient time for full reflection on matters raised in these
responses. Therefore, the effective date for Rule 1.450(f) is, by this
order, delayed until further order of the Court.’”
The retention of court records is the subject of Florida Rule of
Judicial Administration 2.075.

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