Evidence-Wellborn SU2006 Outline

If it is the witness himself who violates the rule

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Unformatted text preview: ntial.) A person authorized by statute to be present. Texas Rule differs here: Spouses of a party in a civil case are exempt from the rule IN criminal cases, Texas rule limits the exemption for a designated officer or employee of a party that is not a natural person to defendants: Denies the exemption to the state's "case officer". Purpose of 615: Hinders witnesses from tailoring their testimony to fit or rebut that of other witnesses and assists counsel in detecting and exposing false testimony. Note: Court may invoke the rule on its own motion, doesn't have to be requested by a party. Sanction for non-compliance: Appropriate sanction for a violation of Rule 615 lies in the court's discretion! Court has the power to exclude the offending witness, strike his testimony, or declare a mistrial, but these should be reserved for the most egregious violations. "The remedy of exclusion is so severe that it is generally employed only when there has been a showing that a party or a party's counsel caused the violation!" Rule 615 only talks about the physical exclusion of the witnesses, but there is more to it than t...
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