2021 Georgia Code
Title 24 - Evidence
Chapter 6 - Witnesses
Article 1 - General Provisions
§ 24-6-615. Exclusion of Witnesses

Universal Citation: GA Code § 24-6-615 (2021)

Except as otherwise provided in Code Section 24-6-616, at the request of a party the court shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses, and it may make the order on its own motion. This Code section shall not authorize exclusion of:

  1. A party who is a natural person;
  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.

(Code 1981, §24-6-615, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Excluding witnesses, Fed. R. Evid. 615.

Law reviews.

- For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011). For annual survey on evidence, see 65 Mercer L. Rev. 125 (2013).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Right of Sequestration
  • Exceptions to Sequestration Rule
  • Testimony of Witnesses Not Sequestered

RESEARCH REFERENCES

ALR.

- Exclusion from courtroom of expert witnesses during taking of testimony in civil case, 85 A.L.R.2d 478.

Scope and extent, and remedy or sanctions for infringement, of accused's right to communicate with his attorney, 5 A.L.R.3d 1360.

Effect of witness's violation of order of exclusion, 14 A.L.R.3d 16.

Counsel's reference, in presence of sequestered witness in state criminal trial, to testimony of another witness as ground for mistrial or reversal, 24 A.L.R.4th 488.

Prejudicial effect of improper failure to exclude from courtroom or to sequester or separate state's witnesses in criminal case, 74 A.L.R.4th 705.

Exclusion of witnesses under Rule 615 of Federal Rules of Evidence, 181 A.L.R. Fed. 549.

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