Also known as: rule · rules · the rule · the rules · legal rule · court rule · procedural rule
Written by attorneys · grounded in primary & secondary sources — see below
A rule by which all witnesses are excluded from the courtroom while another witness is testifying.
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Regina Robinson and Ronald Reed face charges after completing the object of their agreement. The judge invokes the rule to bar all other witnesses from the courtroom during Robinson's testimony about the completed offense. The court then convicts the pair only of the substantive crime.
Riverfront Developments contracts to sell land to Rosa Ruiz. A storm destroys the improvements before closing. The judge invokes the rule to exclude witnesses while Ruiz testifies about the destruction. The court holds that risk passed at contract formation under the majority approach.
Rita Russell sues for damages exceeding twenty dollars in federal court. The judge invokes the rule to exclude witnesses while Russell testifies about the amount in controversy. The court preserves her right to a jury trial under the constitutional command.
Renee Rogers sues Riverstone Manufacturing and sends a notice requesting waiver of summons. The judge invokes the rule to exclude witnesses while Rogers testifies about the notice. The court enforces the duty to avoid unnecessary service expenses.
Roberto Reyes offers evidence of the alleged victim's pertinent trait in his defense. The judge invokes the rule to exclude witnesses while Reyes testifies about the trait. The court permits the prosecutor to respond once the evidence is admitted.
A judge gives uncompensated legal advice to a family member and drafts documents. The judge invokes the rule to exclude witnesses while testifying about the advice given. The court confirms the judge may act pro se but may not serve as the family member's lawyer in any forum.
A court invokes the rule at the request of a party or on its own motion to prevent witnesses from hearing each other's testimony. The practice ensures that later witnesses do not tailor their accounts to what they have already heard.
Supporting sources
The rule applies in both civil and criminal proceedings. Federal and state courts routinely exclude witnesses under the rule once a party requests it or the court orders exclusion on its own.
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A party may object if exclusion would cause unfair prejudice or if the witness is essential to the presentation of the case. Courts retain discretion to allow an essential witness to remain despite the rule.
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…is not law. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rules in particular cases must expound and interpret them. If two laws conflict the courts must decide which governs. If a law is in opposition to the Constitution, and both apply to a case, the…