Rule 10.3 Presence of Witnesses and Spectators
Part 10: Presence of Defendant, Witnesses, and Spectators
Rule Text
(a) Witnesses. Pursuant to Rule 615 of the Mississippi Rules of Evidence, the court may, and at the request of either party shall, exclude prospective witnesses from the courtroom. The court also shall direct witnesses not to communicate with each other concerning the case until all have testified. If the court finds that a party’s claim that a person is a prospective witness is not made in good faith, the person may be allowed to remain in the courtroom. Once a witness has testified on direct examination and has been made available to all parties for cross-examination and excused by the court, the witness shall be allowed to remain in the courtroom unless the court finds, upon application of a party or witness, that the presence of the witness would be prejudicial to a fair trial. This Rule does not authorize excluding a person whose presence a party shows to be essential to presenting the party’s claim or defense.
(b) Spectators.
(1) Proceedings to be Open. All proceedings shall be open to the public unless the court finds, upon application of the defendant, that an open proceeding presents a danger to the defendant’s right to a fair trial by an impartial jury.
(2) Exception for Certain Crimes. Pursuant to Article 3, Section 26 of the Mississippi Constitution, the court may exclude from the courtroom all persons except those necessary in the conduct of the trial.
(3) Victims. Pursuant to Article 3, Section 26A of the Mississippi Constitution, the alleged victim has the right to be present throughout all criminal proceedings when authorized by law. If the alleged victim is a witness, then Rule 10.3(a) controls.
(c) Removal. Any or all individuals may be removed from the courtroom for engaging in disorderly, disruptive, or contemptuous conduct, or when their conduct or presence constitutes a threat or menace to the court, parties, attorneys, witnesses, jurors, officials, members of the public, or a fair trial.
(d) Electronic Coverage of Proceedings. Electronic coverage of judicial proceedings shall be governed by the Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings.