Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 2/7/2001
Status: Precedential
Modified Date: 7/5/2016
Dwight K. Scroggins, Jr. Prosecuting Attorney Buchanan County, Missouri Buchanan County Court House St. Joseph, MO 64501
Dear Mr. Scroggins:
You have submitted the following question to this office:
Do sections
595.209 .1,595.209 .1(1),595.209 .5, RSMo, and ArticleI , Section 32.1(1 ) of the Constitution of Missouri require that a trial court permit the victim of a crime remain in the courtroom during the testimony of other witnesses after a party moves to invoke the rule excluding witnesses from the courtroom during trial?
It is unclear from your request whether a defendant has attempted to exclude a victim of a crime who is also a witness at a trial through the request to exclude all witnesses from the courtroom or, if such an attempt has been made, what action a judge has taken in response thereto. Nevertheless, this office recognizes that it is a common practice for attorneys to request that witnesses be excluded during trial and that courts often grant such a request.
There is no "rule" that requires a court to exclude witnesses from a trial, whether criminal or civil. Although trial attorneys often seek "to invoke the rule", that is a misnomer. Whether to exclude witnesses is purely discretionary with the court. State v.Sexton,
However, even if such a "rule" were codified, it would not be enforceable in light of constitutional and statutory provisions. Article
The legislature has enacted provisions to implement these constitutional provisions at Section
Very truly yours,
JEREMIAH W. (JAY) NIXON Attorney General