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Cali_tailchaser
Cali_tailchaser 720 reads
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Posted By: pwilley
Curious question involving SC Family Court.  If you receive a subpoena as a defense witness, are you permitted to sit in the court room and hear all the testimony etc... prior to you being actually called to the stand?  Or are you barred from hearing any prior testimony?  
   
 Thanks
I don't know South Carolina law, but in California, it's a pretty routine request to exclude witnesses from the courtroom under Evidence Code section 777, and it's routinely granted. It's not required to exclude witnesses, but it's usually done for the obvious reason that you don't want witnesses modifying their testimony to fit what earlier witnesses have said.

-- Modified on 8/7/2013 10:44:33 AM

pwilley2456 reads

Curious question involving SC Family Court.  If you receive a subpoena as a defense witness, are you permitted to sit in the court room and hear all the testimony etc... prior to you being actually called to the stand?  Or are you barred from hearing any prior testimony?

Thanks

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Cali_tailchaser721 reads

Posted By: pwilley
Curious question involving SC Family Court.  If you receive a subpoena as a defense witness, are you permitted to sit in the court room and hear all the testimony etc... prior to you being actually called to the stand?  Or are you barred from hearing any prior testimony?  
   
 Thanks
I don't know South Carolina law, but in California, it's a pretty routine request to exclude witnesses from the courtroom under Evidence Code section 777, and it's routinely granted. It's not required to exclude witnesses, but it's usually done for the obvious reason that you don't want witnesses modifying their testimony to fit what earlier witnesses have said.

-- Modified on 8/7/2013 10:44:33 AM

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harborview608 reads

I was not permitted to sit in the court but I was called in to give my testimony.

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maxwell44701 reads

Witnesses are barred from hearing prior testimony.  It would only taint their own testimony.  People have a tendency to just go along with whatever everyone else is saying.  They should only be testifying as to what they personally know or don't know about things.  

However, after a witness testifies, they are generally free to stay and watch the rest of the trial.

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