Civil Litigation

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Trowell v. J.C. Penney Company, Inc.

27 Fla. L. Weekly D897 (Fla. 4th DCA April 26, 2002)

The Forth District Court of Appeals distinguished Federal Rule of Evidence 609(2)(b), which provided a bright-line bar for impeachment by use of prior convictions if occurring more than ten years ago, from section 90.610 of the Florida Statutes, which expressly avoids placing an "arbitrary number of years" in addressing remoteness. Thus, Florida courts are to make case-by-case determinations as to whether past convictions have a bearing on witnesses

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