Evidence Center · The Five Gates
Five separate questions. Passing one settles none of the others.
A screenshot of a text thread can be relevant AND unauthenticated AND layered hearsay AND a copy of a missing original AND privileged — five different problems, five different rules. This page shows each gate in the statute's own words. It teaches the questions; it never answers them for your facts — that judgment belongs to the court and to counsel.
Wired to the law it implements
Retrieved live from the source-locked corpus — never generated.
Gate 1 — Relevance (and the § 90.403 weighing)
The first question is whether the item tends to prove or disprove a fact that matters in the case — in family cases, commonly a best-interest factor, an income figure, or a claimed incident. Even relevant evidence can be excluded when its unfair prejudice substantially outweighs its value; that weighing is the judge's.
“All relevant evidence is admissible, except as provided by law.”“probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.”In family cases: A months-long text thread may contain three messages that matter. Courts commonly respond better to the three messages than to the thread.
Gate 2 — Authentication (§ 90.901)
Before an item counts, someone must show it is what it claims to be. For a screenshot, that commonly means testimony about who sent it, on what platform, and how the image was captured — questions the other side is entitled to press.
“Authentication or identification of evidence is required as a condition precedent to its admissibility.”In family cases: “It's from her number” is the start of authentication, not the end of it. Keep the original message on the device; a screenshot alone invites the next two gates.
Gate 3 — Hearsay (§ 90.802 and the exceptions)
An out-of-court statement offered to prove what it says is hearsay unless an exception applies — and a message thread can hold hearsay within hearsay, where each layer needs its own answer. Business records (bank statements, wage records) commonly enter through their own exception with the right foundation.
“hearsay evidence is inadmissible.”“RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY.— (a) A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept”In family cases: A text from the other parent may be a party admission; a text from the other parent QUOTING a teacher adds a second layer that needs its own exception.
Gate 4 — Best Evidence (Article X: §§ 90.952–90.954)
Proving what a writing, recording, or photograph SAYS generally calls for the original; duplicates commonly serve to the same extent, and § 90.954 lists the grounds on which no original is required (including loss or destruction without bad faith). The distinction is the statutes' own.
“an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.”“duplicate is admissible to the same extent as an original, unless: (1) The document or writing is a negotiable instrument as defined in s.”“original cannot be obtained in this state by any judicial process or procedure.”In family cases: The phone that holds the messages is the original's home. Do not delete the thread after screenshotting it — the missing original becomes its own fight.
Gate 5 — Privilege (Article V)
Some communications are protected even when relevant and authenticated: psychotherapist-patient records, confidential communications between spouses, and communications with a domestic-violence advocate each carry their own privilege with their own exceptions. Privilege questions in family cases are commonly contested — this is a route-to-counsel gate.
“psychotherapist" is: 1.”“communications which were intended to be made in confidence between the spouses while they were husband and wife.”“domestic violence advocate" means any employee or volunteer who has 30 hours of training in assisting victims of domestic violence and is an employee of or volunteer for a program for victims of domestic violence whose primary purpose is the rend”In family cases: Therapy records of a child sit at the intersection of privilege, best interests, and confidentiality — exactly where a lawyer earns the fee.
Where this page stops
Whether YOUR item clears these gates depends on facts, foundations, and the judge's rulings — exactly the analysis a licensed Florida attorney does. This platform never predicts a ruling and never analyzes your evidence for admissibility. Independent attorney review is the route for judgment; the Evidence Organizer is the place to keep your records ready for it.
Statutory excerpts are verbatim from the hash-verified corpus; statutory text renders in English as enacted. Legal information, not legal advice.