§ 40.385 Rule 615. Exclusion of witnesses

Judges can order witnesses to stay out of the courtroom while other witnesses are testifying. This is meant to stop people from changing their testimony based on what they hear others say. Either side in a case can ask for this, or the judge can decide to do it without anyone asking.

There are some people the judge cannot kick out, even with this rule. A person cannot be excluded if they are actually a party in the case. If a business or organization is a party, one of its employees or officers can stay in the courtroom to represent it, as long as the company's lawyer picks that person. Someone can also stay if a party proves that person's help is truly necessary to present their case, like an expert who needs to hear testimony to give useful opinions later. Finally, in a criminal case, the victim is always allowed to remain in the courtroom, even if they are also going to testify as a witness.