TITLE TWO — PRELIMINARY PROCEEDINGS
Rule 21. Sequestration of Witnesses
Order of Sequestration. Upon his own motion or the motion of either party, the judge may, prior to or during the examination of a witness, order any witness or witnesses other than the defendant to be excluded from the courtroom.
Purpose. The order is made so that a witness cannot hear the testimony of another witness. It is granted or denied in the discretion of the judge, consistently with Rid. R. Evid. 615.
Timing. The motion may be made before the taking of evidence begins or at any time during the proceeding. The court may enter the order upon its own initiative.
Persons Who Shall Not Be Excluded. The court shall not exclude:
the defendant;
one officer or employee of the State designated upon the record as its representative, and where the designated representative is to testify, the court may require the State to call that person first;
a victim, except as Rule 20(d)(2) provides;
a person whose presence a party shows to be essential to the presentation of that party’s claim or defense;
counsel of record.
Effect of the Order in a Proceeding Conducted Through Proceeding Communications. Where the proceeding is conducted in the case’s proceeding communications or at an in-game location, an order of sequestration means that the excluded witness:
shall not be present in the channel or at the location while another witness testifies, and shall leave it upon the court’s direction, or shall have access to it withdrawn where the platform permits;
shall not read, replay, or review the log, transcript, or recording of testimony given in the witness’s absence;
shall not be told the substance of testimony given in the witness’s absence by any person; and
shall not communicate with any other witness concerning the subject of the testimony until excused.
Duty of Persons. Because the record of a proceeding conducted in proceeding communications may remain readable after the fact, the order operates against persons and not against the platform. The court shall state upon the record that reading the log of testimony given in the witness’s absence violates the order. Counsel of record shall communicate the terms of the order to each witness the party intends to call and shall be responsible for the compliance of witnesses under that party’s control.
Admonition. The judge shall admonish each excluded witness upon the record of the terms of the order and of the consequences of a violation, and shall confirm the witness’s username. The clerk shall enter the order and the admonition upon the docket.
Duration. The order continues until the witness is excused by the court. A witness under an order of sequestration remains under the obligation of attendance imposed by 6 R. Stat. § 131.302 and Rule 17(c) until the proceeding is adjudicated or the witness is excused.
Separation of Witnesses. The court may further order that witnesses not discuss the case among themselves or with any person other than counsel of record, and that no person other than counsel of record disclose to a witness the substance of the testimony of another witness.
Violation.
Remedies. Upon a violation of an order entered under this rule the court may permit cross-examination upon the violation, may instruct the fact finder that it may consider the violation in weighing the witness’s testimony, may strike the testimony in whole or in part, may exclude the witness’s testimony, may grant a continuance, and may punish the violation as contempt under Rule 43 or sanction counsel under Rule 48.
Selection of the Remedy. In selecting a remedy the court shall consider whether the violation was wilful, whether the party calling the witness was responsible for it, the extent to which the testimony was affected, and the prejudice to the adverse party. Exclusion of testimony shall not be ordered where a lesser remedy will cure the prejudice.
The Defendant’s Testimony. The court shall not exclude the testimony of the defendant under this rule.
Record. Every order entered under this rule, every admonition given, and every excusal of a witness shall be entered upon the docket.