Legal Definitions - rule, the

The Rule

"The rule" refers to a standard legal procedure, also known as witness sequestration, which requires witnesses to remain outside the courtroom while another witness is giving testimony. The primary purpose of this rule is to ensure that each witness's testimony is based solely on their own memory and observations, preventing them from being influenced or coached by what other witnesses say. By keeping witnesses separate, the court aims to maintain the integrity and reliability of the evidence presented, ensuring that testimony is independent and untainted by prior accounts.

Here are some examples of how "the rule" might be applied:

• Civil Personal Injury Case: Imagine a lawsuit stemming from a multi-car collision. Several drivers and passengers from different vehicles, along with a bystander who witnessed the accident, are called to testify. Before the trial begins, the judge invokes "the rule." This means that while one driver is on the stand describing the sequence of events, all other drivers, passengers, and the bystander must wait in a designated area outside the courtroom. They are not permitted to hear each other's testimony.

  How it illustrates the term: By keeping the witnesses separate, "the rule" prevents a passenger from subtly altering their recollection of the accident's speed or impact points after hearing another driver's testimony. Each witness's account remains independent, allowing the jury to assess the consistency and credibility of each individual's memory without external influence.

• Criminal Robbery Trial: In a criminal case where a store was robbed, the prosecution plans to call the store manager, an employee who was present, and a customer who saw the suspect flee. The defense attorney requests that "the rule" be applied. Consequently, when the store manager testifies about the events and the suspect's description, the employee and the customer must wait outside. They will only enter the courtroom when it is their turn to testify.

  How it illustrates the term: This application of "the rule" prevents the employee or customer from inadvertently or intentionally aligning their memory of the robber's clothing or escape route with the manager's testimony. It ensures that each witness's identification and description are based purely on their own observations at the time of the crime, strengthening the reliability of the evidence for the jury.

• Family Law Custody Hearing: During a child custody dispute, both parents call several character witnesses—friends, family members, and teachers—to testify about their parenting abilities and the child's best interests. To ensure fairness and prevent any witness from tailoring their testimony, the judge invokes "the rule." This means that a friend testifying on behalf of the mother cannot be present in the courtroom while a teacher is testifying about the father's involvement, and vice-versa.

  How it illustrates the term: "The rule" ensures that each character witness provides an uninfluenced account of what they have observed. For example, a friend of one parent cannot adjust their testimony to directly counter or support specific points made by a witness for the other parent, ensuring that all testimony reflects genuine observations rather than strategic responses.