Legal Question in Constitutional Law in California

witness exclusion

I was the defendent in a restraining order hearing.The plaintiff had three dubious witnesses who testified .My sister who was my main witness, and who the plantiffs mention by name and referr to my actuons as ''they'' 17 times . was quitely removed by the balifff.He would not tell her why. She sighned in and the record reflects all parties were present. what gives? I lost of course.How could my main witness be excluded? What is my recourse?


Asked on 3/30/09, 6:44 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: witness exclusion

She probably was only required to leave during the testimony of the other witnesses and you failed to call her during your case. Contact me directly.

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Answered on 3/30/09, 7:02 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: witness exclusion

Witnesses are often excluded during a trial or evidentiary hearing so that they don't alter their own testimony based upon what other witnesses say. You still could have called your sister as a witness; she would have been allowed back into the courtroom to testify and then required to leave again afterwards. Similarly, you could have had the plaintiff's witnesses excluded when they were not testifying had you asked.

Removing a witness is not the bailiff's decision; he or she simply carries out the judge's instructions. If the judge did not order your sister removed but she was removed anyway then there may be a problem. Did you try to call her as a witness? If so, was she prevented from returning to the courtroom?

The notation that all parties were present was accurate. You and the plaintiff were the only parties. Witnesses are not parties, so even if they were all asked to leave the courtroom the parties were still present.

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Answered on 3/30/09, 7:08 pm


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