Rule 615. Exclusion of Witnesses

• Library: South Carolina Evidence Annotated (SCBar) (2020 Ed.)

Rule 615. Exclusion of Witnesses

At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause.

Note:

The federal rule requires sequestration of witnesses upon the request of a party. The South Carolina rule adheres to prior state practice which leaves the sequestration decision in the sound discretion of the trial judge. See State v. Jackson, 265 S.C. 278, 217 S.E.2d 794 (1975); State v. Miokovich, 257 S.C. 225, 185 S.E.2d 360 (1971). Otherwise, the South Carolina rule is consistent with the federal rule.

Annotations Rule 615

Generally

While Rule 615, SCRE allows for sequestration of a witness, "[t]he granting or refusal of a motion to sequester witnesses is solely discretionary." State v. Carmack, 388 S.C. 190, 197, 694 S.E.2d 224, 227 (Ct. App. 2010).

The circuit court may order the sequestration of witnesses upon its own motion or by motion of any party. See Rule 615, SCRE. State v. Simmons, 384 S.C. 145, 682 S.E.2d 19, 33 (Ct. App. 2009).

The trial court may order the sequestration of witnesses upon its own motion or by motion of any party. Rule 615, SCRE. State v. Tisdale, 338 S.C. 607, 616, 527 S.E.2d 389, 394 (Ct. App. 2000).

The trial judge may order the sequestration of witnesses...