Section 6.16 “The Rule”

• Library: Criminal Practice 2012 Supp

A. (§6.16) “The Rule”

Although there is no codified rule governing sequestration or exclusion of witnesses, it continues to be standard practice to exclude witnesses from the preliminary hearing until they have testified. The associate circuit judge may exclude witnesses—for or against the prisoner—who have not testified and may cause the witnesses to be kept separate and prevented from speaking with one another. Section 544.360, RSMo 2000. Defense counsel should request the exclusion of witnesses while a witness is testifying and might also consider requesting that the judge order the witnesses...