Legal Definitions - separation of witnesses

Separation of Witnesses is a legal procedure where individuals called to give testimony in a court case are kept apart from each other, and from the courtroom itself, until it is their turn to speak. The primary purpose of this practice is to prevent witnesses from hearing the testimony of others, which could inadvertently influence or alter their own recollections and statements. This helps ensure that each witness provides an independent account of the facts as they remember them, rather than unconsciously or consciously aligning their story with what they've heard from others.

Typically, the parties directly involved in the case—such as the plaintiff and defendant in a civil case, or the accused and representatives of the prosecution in a criminal case—are usually permitted to remain in the courtroom throughout the proceedings. However, all other individuals who are expected to testify are usually subject to this separation rule.

• Example 1: Criminal Robbery Trial

  Imagine a criminal trial for a bank robbery. Several customers and bank tellers were present during the incident and are called as witnesses. Before the trial begins, the judge orders the separation of witnesses. This means that while one teller is on the stand describing the robber's appearance and actions, all other customers and tellers who are scheduled to testify must wait outside the courtroom. This practice ensures that each witness's description of the events is based solely on their own memory, preventing them from unconsciously adjusting their testimony to match details they might hear from another witness.

• Example 2: Civil Car Accident Lawsuit

  Consider a lawsuit stemming from a multi-car collision. The plaintiff (one of the drivers) is suing another driver for damages. There were also two independent bystanders who witnessed the accident and are called to testify, along with a passenger who was in the plaintiff's car. The judge might order the separation of witnesses for the passenger and the two bystanders. The plaintiff, as a party to the case, would remain in the courtroom. However, the passenger and bystanders would wait outside until called. This ensures that the passenger's account isn't influenced by the plaintiff's testimony, and that each bystander provides their unique perspective without being swayed by what another witness might say about the speed of the cars or the sequence of events.

• Example 3: Workplace Harassment Hearing

  In an administrative hearing concerning allegations of workplace harassment, several co-workers are called to testify about their observations and experiences. The hearing officer might invoke the rule of separation of witnesses. As each co-worker takes the stand to describe specific incidents, dates, or behaviors, the other co-workers who are also scheduled to testify would be kept in a separate waiting area. This procedure is crucial to ensure that each co-worker's testimony is an independent recollection of events, preventing them from inadvertently or intentionally altering their statements based on details shared by a previous witness, thereby strengthening the credibility of the overall evidence presented.