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Witnesses under rule

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fflan513

Guest
What is the name of your state? Texas

what does the term "witness under rule mean" in the following code:


CODE OF CRIMINAL PROCEDURE

CHAPTER 36. THE TRIAL BEFORE THE JURY

Art. 36.05. [646] [722] [702] Not to hear testimony

Witnesses under rule shall be attended by an officer, and all their
reasonable wants provided for, unless the court, in its discretion,
directs that they be allowed to go at large; but in no case where
the witnesses are under rule shall they be allowed to hear any
testimony in the case.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
 


I AM ALWAYS LIABLE

Senior Member
fflan513 said:
What is the name of your state? Texas

what does the term "witness under rule mean" in the following code:


CODE OF CRIMINAL PROCEDURE

CHAPTER 36. THE TRIAL BEFORE THE JURY

Art. 36.05. [646] [722] [702] Not to hear testimony

Witnesses under rule shall be attended by an officer, and all their
reasonable wants provided for, unless the court, in its discretion,
directs that they be allowed to go at large; but in no case where
the witnesses are under rule shall they be allowed to hear any
testimony in the case.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

My response:

It sounds similar to the California "rule" where witnesses, who have been subpoenaed to a trial are not allowed to remain in the courtroom; e.g., so that they do not hear the testimony of other witnesses.

IAAL
 

JETX

Senior Member
Yep. A party to a lawsuit can simply 'invoke the rule' and exclude any potential witnesses from the courtroom so that they do not hear any testimony by others. Simply, too much chance for the witness to have the other statements affect his/her testimony..... when justice relies on each witnesses individual statements.
 

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