Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by an elderly person or disabled adult, as defined in s. 825.101, describing any act of abuse or neglect, any act of exploitation, the offense of battery or aggravated battery or assault or aggravated assault or sexual battery, or any other violent act on the declarant elderly person or disabled adult, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if: The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability. Statements Offered to Show Effect on Listener or Reader 3. 90.506 - Privilege with respect to trade secrets. The "significance for the best evidence rule has declined appreciably in recent decades. 1, 2, ch. s. 1, ch. Unavailability shall include a finding by the court that the elderly persons or disabled adults participation in the trial or proceeding would result in a substantial likelihood of severe emotional, mental, or physical harm, in addition to findings pursuant to s. 90.804(1). For the purposes of this chapter, a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established. RECORDS OF DOCUMENTS AFFECTING AN INTEREST IN PROPERTY. 14, 22, ch. (1) A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and: (a) When the ruling is one admitting evidence, a timely objection or motion to strike appears . 2002-246. Evidence of a truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence. (EnterOVER100at checkout)(Excludes eLEX Publishers Digital Download Service)*** Shipping is free! Also makes a great study guide or "cheat sheet" for learning the Florida Evidence Code! 78-379; s. 490, ch. 2000-316. 77-77; ss. This site is protected by reCAPTCHA and the Google, There is a newer version of the Florida Statutes. (1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature. This rule does not require the exclusion of evidence of subsequent remedial measures when offered for another purpose, such as proving ownership, control, or the feasibility of precautionary measures, if controverted, or impeachment. Chapter 90 EVIDENCE CODE Entire Chapter. Except as provided in paragraph (b), the judge presiding at the trial of an action is not competent to testify as a witness in that trial. 77-77; s. 22, ch. Attacking and supporting credibility of declarant. 77-77; s. 22, ch. 95-147. Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States. 389 So.2d 1108 . 90.304 - Presumption affecting the burden of proof defined. 78-361; s. 1, ch. 78-379. Statements Offered to Show Declarant's State of Mind 4. s. 1, ch. 2003-259. 21, 22, ch. 90.205 - Denial of a request for judicial notice. This is THE ONE! Rules of court of the United States Supreme Court and of the United States Courts of Appeal. 77-77; s. 22, ch. For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patients death, in any proceeding in which any party relies upon the condition as an element of the partys claim or defense. 1, 2, ch. The final certification may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States or a diplomatic or consular official of the foreign country assigned or accredited to the United States. Unless otherwise provided by statute, this code applies to the same proceedings that the general law of evidence applied to before the effective date of this code. A person whose presence is shown by the partys attorney to be essential to the presentation of the partys cause. 4-pages, folder-style, printed on heavy-duty specialty paper, 3-hole punched for your trial notebook, and in two colors for ease of use. 99-8; s. 1, ch. 90.103 - Scope; applicability. 99-2. The digital license sells for, One-on-one Trial Advocacy coaching sessions, Alabama Rules of Evidence Summary Trial Guide (Digital Download), Arizona Rules of Evidence Summary Guide (Digital Download). Any portion withheld over objection shall be preserved and made available to the appellate court in the event of an appeal. 13, 22, ch. RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY. A member of the jury is not competent to testify as a witness in a trial when he or she is sitting as a juror. A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused. 1, 22, ch. 2014-35. In cases tried by a jury, a court shall conduct proceedings, to the maximum extent practicable, in such a manner as to prevent inadmissible evidence from being suggested to the jury by any means. 90.403 - Exclusion on grounds of prejudice or confusion. In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof. The personal representative of a deceased person. Book authors and others who are not professional journalists, as defined in this paragraph, are not included in the provisions of this section. A compelling interest exists for requiring disclosure of the information. 78-379; s. 480, ch. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Declarant: person who originally made the statement. 90.612 - Mode and order of interrogation and presentation. The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION. Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the experts opinion substantially outweighs their prejudicial effect. 77-77; s. 1, ch. 78-379; s. 2, ch. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title VII EVIDENCE: . 81-93; s. 497, ch. 78-361; ss. MARRIAGE, BAPTISMAL, AND SIMILAR CERTIFICATES. 77-77; s. 1, ch. 95-147. 90.206 - Instructing jury on judicial notice. The writing, recording, or photograph is not related to a controlling issue. A communication between an accountant and the accountants client is confidential if it is not intended to be disclosed to third persons other than: Those to whom disclosure is in furtherance of the rendition of accounting services to the client. (1) CHARACTER EVIDENCE GENERALLY. Trained volunteer means a person who volunteers with an anti-human trafficking organization and who complies with the training requirements under subsection (5). If a motion for protective order is required for a particular dispute under Rule 26(c), Rule 30(d)(3), or Local Rule 26.1(g)(3), it must be served (not filed) on the opposing party as soon as possible and should not be submitted on the eve of the contested event. Before testifying, each witness shall declare that he or she will testify truthfully, by taking an oath or affirmation in substantially the following form: Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth? The witnesss answer shall be noted in the record. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the persons disability when the appointing authority has reason to believe that the person is not so disabled. Prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action. 90.609 - Character of witness as impeachment. s. 1, ch. Our enhanced objections guide on page 4 lets you know when to use the objections - whether on the substance of the testimony, or on the witness . A member of the clergy is a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a church, or an individual reasonably believed so to be by the person consulting him or her. An original or a duplicate of evidence that would be admissible under s. 90.803(6), which is maintained in a foreign country or domestic location and is accompanied by a certification or declaration from the custodian of the records or another qualified person certifying or declaring that the record: Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person having knowledge of those matters; Was kept in the course of the regularly conducted activity; and. 76-237; s. 1, ch. 76-237; s. 1, ch. 76-237; s. 1, ch. 77-174; ss. 90-347; s. 1, ch. 90-174; s. 499, ch. 1, 2, ch. s. 8, ch. An official foreign document, record, or entry that is: Executed or attested to by a person in the persons official capacity authorized by the laws of a foreign country to make the execution or attestation; and. Prove or explain acts of subsequent conduct of the declarant. Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable. s. 1, ch. Laws of foreign nations and of an organization of nations. 99-2. Is absent from the hearing, and the proponent of a statement has been unable to procure the declarants attendance or testimony by process or other reasonable means. The authority of a human trafficking victim advocate or trained volunteer to claim the privilege is presumed in the absence of evidence to the contrary. 2005-46; s. 1, ch. In a community, arising before the controversy about the boundaries of, or customs affecting lands in, the community. 76-237; s. 1, ch. May 1st, 2018 - Mock Trial Rules of Evidence short form Students are restricted to the use of specific evidentiary objections during the mock trial that are outlined below Take it to court on your laptopor print it out on legal size paper and have it instantly ready in court and at the office for pretrial preparation. Evidence of measures taken after an injury or harm caused by an event, which measures if taken before the event would have made injury or harm less likely to occur, is not admissible to prove negligence, the existence of a product defect, or culpable conduct in connection with the event. 81-259. 95-147; s. 5, ch. Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value. 77-77; s. 22, ch. Those persons to whom disclosure is reasonably necessary to accomplish the purpose for which the domestic violence advocate is consulted. 76-237; s. 1, ch. s. 1, ch. 95-147. 78-379. If rule applies, original document must be offered or its absence accounted for. The authority of a spouse, or guardian or conservator of a spouse, to claim the privilege is presumed in the absence of contrary evidence. Nothing in this section affects the admissibility of evidence under s. 90.404 or s. 90.608. s. 1, ch. Judicial Notice. Classification of rebuttable presumptions. 76-237; s. 1, ch. A 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 rendering of advice, counseling, or assistance to victims of domestic violence. Among members of a persons family by blood, adoption, or marriage; REPUTATION CONCERNING BOUNDARIES OR GENERAL HISTORY. Florida Statutes Section 90.104, DeLuca v. State, 384 So.2d 212 (Fla. 4th DCA 1980), rev. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information. 77-174; s. 22, ch. A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201: Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature. 98-2; s. 2, ch. 77-77; s. 22, ch. 95-147. The personal representative of a deceased client. 90.701-90.705 if the person whose opinion is recorded were to testify to the opinion directly. 76-237; s. 1, ch. 78-379. evidence stickers or tags against the evidence sheet, along with verification of weights and counts with regard to drug and money evidence. Sign up for our free summaries and get the latest delivered directly to you. Proof by other witnesses that material facts are not as testified to by the witness being impeached. Writings and recordings include letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photography, magnetic impulse, mechanical or electronic recording, or other form of data compilation, upon paper, wood, stone, recording tape, or other materials. 95-147. OurFlorida Evidence CodeSummary Trial Guideincludes all amendments to theFlorida Evidence Code. A party may prove the contents of writings, recordings, or photographs by the testimony or deposition of the party against whom they are offered or by that partys written admission, without accounting for the nonproduction of the original. Photographs include still photographs, X-ray films, videotapes, and motion pictures. Every deaf person whose appearance before a proceeding entitles him or her to an interpreter shall notify the appointing authority of his or her disability not less than 5 days prior to any appearance and shall request at such time the services of an interpreter. 90.107 Limited admissibility. Upon the filing of such photograph and writing with the law enforcement authority or court holding such property as evidence, the property may be returned to the owner from whom the property was taken. The patient or the patients attorney on the patients behalf. 77-77; ss. The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. 78-361; ss. 78-379; s. 479, ch. 78-379. 77-77; s. 22, ch. 96-215; s. 2, ch. 77-77; ss. A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed fact, unless credible evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event, the existence or nonexistence of the presumed fact shall be determined from the evidence without regard to the presumption; or. 90.954 - Admissibility of other evidence of contents. When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendants counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. 78-379; s. 472, ch. 2012-152. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence. The human trafficking victim advocate or trained volunteer, but only on behalf of the human trafficking victim. s. 1, ch. 90.4025 - Admissibility of paternity determination in certain criminal prosecutions. A. An objection is not necessary to preserve the point. This act shall apply to criminal proceedings related to crimes committed after the effective date of this code and to civil actions and all other proceedings pending on or brought after October 1, 1981. 76-237; s. 1, ch. In applying s. 90.502 to a communication under this section, only the person or entity acting as a fiduciary is considered a client of the lawyer. 2012 Florida Statutes EVIDENCE Chapter 90 EVIDENCE CODE Entire Chapter CHAPTER 90 EVIDENCE CODE 90.101 Short title. Hearsay within hearsay is not excluded under s. 90.802, provided each part of the combined statements conforms with an exception to the hearsay rule as provided in s. 90.803 or s. 90.804. hole punched for your trial notebook, and in two colors for ease of use. A human trafficking victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the human trafficking victim to a human trafficking victim advocate or trained volunteer or a record made in the course of advising, counseling, or providing services to the human trafficking victim. Authentication or identification of evidence is required as a condition precedent to its admissibility. 78-361; ss. 78-379; s. 483, ch. 76-237; s. 1, ch. Rulings on Evidence. The witness has applied the principles and methods reliably to the facts of the case. Privilege with respect to communications to clergy. 90.509 - Application of privileged communication. 2014-19; s. 7, ch. 77-77; s. 22, ch. **NEW! Chapter 7 - Small Claims Rules; updated October 28, 2021. Hearsay exceptions; declarant unavailable. When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such notice and shows good cause for not complying with s. 90.203(1), the court shall afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed. 6, 22, ch. Upon request of counsel, the court shall instruct the jury that the conspiracy itself and each members participation in it must be established by independent evidence, either before the introduction of any evidence or before evidence is admitted under this paragraph. A client is any person, public officer, corporation, association, or other organization or entity, either public or private, who consults a lawyer with the purpose of obtaining legal services or who is rendered legal services by a lawyer. 2018-106. Evidence of statements made in connection with any of the pleas or offers is inadmissible, except when such statements are offered in a prosecution under chapter 837. s. 1, ch. 90.501 - Privileges recognized only as provided. If the court overrules the objection, the court must take judicial notice of the information and admit the information into evidence. For the purposes of this paragraph, the term sexual offense means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1). 90.607 - Competency of certain persons as witnesses. A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the persons predecessor while holder of the privilege, voluntarily discloses or makes the communication when he or she does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication. 90-40; s. 26, ch. 78-361; s. 1, ch. 90-139; s. 4, ch. Hearsay exceptions; availability of declarant immaterial. 2014-160. s. 1, ch. 2. 99-8; s. 18, ch. If the evidence is maintained in a foreign country, the party intending to offer the evidence must provide written notice of that intention at the arraignment or as soon after the arraignment as is practicable or, in a civil case, 60 days before the trial. Such disclosures shall be protected as if there were an attorney-client relationship between the attorney for the agency and the person who seeks services from the department. 77-77; s. 22, ch. 76-237; s. 1, ch. The victim or the victims attorney on his or her behalf. 92-82; s. 29, ch. The original of a writing, recording, or photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible when: All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith. 78-361; s. 1, ch. 77-174; s. 22, ch. RULES OF EVIDENCE CHEAT SHEET (Please refer to "Simplified Rules of Evidence " section for the complete rule) Rules 402 and 403 - RELEVANT EVIDENCE is generally admissible unless it is unfairly prejudicial, may confuse the issue, or waste the court's time. This chapter shall be known and may be cited as the Florida Evidence Code.. ss. s. 1, ch. Testimony of subscribing witness unnecessary. A communication is relevant to an issue concerning the intention or competence of a client executing an attested document to which the lawyer is an attesting witness, or concerning the execution or attestation of the document. 78-361; ss. It includes the same number of questions and uses the same pass requirement as the real Florida DMV written test, alongside . If the court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal. s. 2, ch. 78-379; s. 491, ch. 78-361; s. 1, ch. 77-77; ss. TheFlorida Evidence Code Summary Trial Guide is compact and portable. Such writing shall be made under oath by the investigating law enforcement officer, and the photograph shall be identified by the signature of the photographer. Our current Florida Evidence Code Summary Trial Guide on your desktop, laptop, table, or even smartphone! 78-361; ss. The report of a court reporter, when certified to by the court reporter as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact. Evidence of the pendency of the appeal is admissible. 90.301 - Presumption defined; inferences. A guardian or conservator of the patient. A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice. 96-330; s. 1, ch. 78-361; s. 1, ch. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible. 94-124; s. 1378, ch. Evidence to prove personal knowledge may be given by the witnesss own testimony. Competency of certain persons as witnesses. No qualified interpreter shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to communicate readily with the deaf person and is able to repeat and translate statements to and from the deaf person accurately. The contents of an official record or of a document authorized to be recorded or filed, and actually recorded or filed, with a governmental agency, either federal, state, county, or municipal, in a place where official records or documents are ordinarily filed, including data compilations in any form, may be proved by a copy authenticated as provided in s. 90.902, if otherwise admissible. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications with an accountant when such other person learned of the communications because they were made in the rendition of accounting services to the client. Hearings on other preliminary matters shall be similarly conducted when the interests of justice require or when an accused is a witness, if he or she so requests. HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM. A legal notice published in accordance with the requirements of chapter 50 in the print edition of a qualified newspaper or on a publicly accessible website as provided in s. 50.0311. s. 1, ch. Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other writing may be used in cross-examination of an expert witness if the expert witness recognizes the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative, or, notwithstanding nonrecognition by the expert witness, if the trial court finds the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative and relevant to the subject matter. 78-361; s. 1, ch. 78-361; ss. 78-361; ss. 90.903 - Testimony of subscribing witness unnecessary. The accountant, but only on behalf of the client. 78-361; s. 1, ch. An original of a writing or recording means the writing or recording itself, or any counterpart intended to have the same effect by a person executing or issuing it. 76-237; s. 1, ch. Upon request of a party, a court may take judicial notice of an image, map, location, distance, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool, if such image, map, location, distance, calculation, or other information indicates the date on which the information was created. s. 1, ch. 90.402 - Admissibility of relevant evidence. 77-174; ss. 90.204 - Determination of propriety of judicial notice and nature of matter noticed. A declarant is a person who makes a statement. 10, 22, ch. s. 1, ch. 1, 5, 7, ch. About events of general history which are important to the community, state, or nation where located. 77-77; ss. REPUTATION CONCERNING PERSONAL OR FAMILY HISTORY. 95-147. 78-361; s. 1, ch. 76-237; s. 1, ch. 76-237; s. 1, ch. Accurate, concise, inexpensive. You can explore additional available newsletters here. 90.105 Preliminary questions. 1, 2, ch. A statement of the declarants then-existing state of mind, emotion, or physical sensation, including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health, when such evidence is offered to: Prove the declarants state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action. (a) The party's own statement in either an individual or a representative capacity; (b) A statement of which the party has manifested an adoption or belief in its truth; (c) A statement by a person specifically authorized by the party to make a statement concerning the subject; 2. 76-237; s. 1, ch. 78-379; s. 57, ch. This privilege includes any advice given by the domestic violence advocate in the course of that relationship. ***. 1, 2, ch. 78-379; s. 477, ch. Requirement of authentication or identification. 90.106 - Summing up and comment by judge. 78-379; s. 489, ch. Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States. 80-155; s. 42, ch. Waiver of privilege by voluntary disclosure. If a party cannot obtain, by the exercise of reasonable diligence, a copy that complies with subsection (1), other evidence of the contents is admissible. Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States. 78-361; s. 1, ch. 90.5036 - Domestic violence advocate-victim privilege. 90.510 - Privileged communication necessary to adverse party. A communication between a human trafficking victim advocate or trained volunteer and a human trafficking victim is confidential if it is not intended to be disclosed to third persons other than: Those persons present to further the interest of the human trafficking victim in the consultation, examination, or interview. Brevity is essential to ensure that the key provisions of each rule can be found immediately, especially in the fast pace of trials. Other evidence Summary Trial Guides are available - the Federal Rules of Evidence, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and guides for 21 states. 78-379. Unavailability shall include a finding by the court that the childs participation in the trial or proceeding would result in a substantial likelihood of severe emotional or mental harm, in addition to findings pursuant to s. 90.804(1). 90.207 - Judicial notice by trial court in subsequent proceedings. When a judge determines that a witness cannot hear or understand the English language, or cannot express himself or herself in English sufficiently to be understood, an interpreter who is duly qualified to interpret for the witness shall be sworn to do so. The privilege may be claimed by the person or the persons agent or employee. 2003-259; s. 1, ch. propounded or submitted under rule 1. 76-237; s. 1, ch. The personal representative of a deceased patient. Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph. 78-379; s. 1, ch. 90.102 - Construction. A qualified interpreter shall be appointed, or other auxiliary aid provided as appropriate, for the duration of the trial or other proceeding in which a deaf juror or grand juror is seated. Such confidential communication or record may be disclosed only with the prior written consent of the human trafficking victim. The accountants authority to claim the privilege is presumed in the absence of contrary evidence. S State of Mind 4. s. 1, ch 2012 Florida Statutes presumptions that are conclusive under the from... 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