Under Florida Law, How Does the Fact-Finder (Judge or Jury) Evaluate the Testimony of Witnesses?

Under Florida law, when evaluating the believability of any witness and the weight to be given to the testimony of any witness, the fact-finder (judge or jury) may properly consider:

  1. the demeanor of the witness while testifying;
  2. the frankness or lack of frankness of the witness;
  3. the intelligence of the witness;
  4. any interest the witness may have in the outcome of the case;
  5. the means and opportunity the witness had to know the facts about which the witness testified;
  6. the ability of the witness to remember the matters about which the witness testified;
  7. and the reasonableness of the testimony of the witness, considered in the light of all the evidence in the case and in the light of the fact-finder's own experience and common sense.

When the fact-finder has heard opinion testimony on certain technical subjects from a person referred to as an expert witness, the fact-finder may accept such opinion testimony, reject it, or give it the weight the fact-finder thinks it deserves, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion expressed, and all the other evidence in the case.

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