Either side in a Georgia divorce can ask the judge to keep the other side’s witnesses out of the courtroom until they testify.
What the Statute Says
OCGA 24-6-615, quoted by the Georgia Supreme Court in Davis v. State, 299 Ga. 180 (2016), provides that “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.” The purpose, Davis explained, “is to prevent the shaping of testimony by one witness to match that of another, and to discourage fabrication and collusion.”
That reaches more than the courtroom door. Davis explained that the reasons for the rule apply as well “to a witness’s being given a transcript of another witness’s trial testimony to review.”
The Rule Does Not Reach You
The same statute says it “shall not authorize exclusion of: (1) A party who is a natural person,” or “(3) A person whose presence is shown by a party to be essential to the presentation of the party’s cause.”
Davis pointed out that the current text “differs significantly from the text of the sequestration provision of the old Evidence Code, and instead tracks in pertinent part the language of Federal Rule of Evidence 615.” Georgia decisions applying the older statute are not a safe guide to what a judge can do now.
If Someone Breaks the Rule
Davis listed three responses available to the trial court: “(1) it may cite the guilty party for contempt; (2) it may allow opposing counsel to cross-examine the witnesses as to the nature of the violation; or (3) where counsel or the witness violate[s] the rule intentionally, the court may strike testimony already given or disallow further testimony.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!