A judge ruled Friday that Florida can use documents that may be confidential while questioning witnesses for its tobacco lawsuit, but those portions of the sworn statements will be sealed at least temporarily.

Florida is suing cigarette-makers to recover up to $ 800 million in annual expenses for smoking-related illnesses.

Any part of a sworn statement relating to documents claimed to be confidential attorney-client communications will be sealed until the court decides whether the papers in question can be used, Circuit Judge Harold J. Cohen said.

Attorneys who represent Brown & Williamson Tobacco Corp. said many of the papers involve Brown & Williamson rec-ords stolen by a former paralegal.