§ 90.616, Fla. Stat. — Exclusion of Witnesses (Sequestration)
Plain English
This is what trial lawyers call “invoking the rule” — witness sequestration. On a party’s request the court shall (or on its own motion may) order witnesses kept out of the courtroom so they can’t hear each other testify and shape their stories to match. There are key exceptions who cannot be excluded: a party who is a natural person; a designated officer or employee of an entity party; a person whose presence the attorney shows is essential to presenting the case (often the lead investigator or an expert); and, in criminal cases, the victim, the victim’s next of kin, the parent/guardian of a minor victim, or their representative — unless the court finds their presence would be prejudicial.
From the Courtroom
“We invoke the rule, Your Honor” is one of the first things said in many trials — and it matters, because witnesses who hear each other testify start to converge. The fights are usually over the exceptions: who is “essential” enough to stay, and whether a crime victim’s presence will color the jury.
Key Points & Authority
- § 90.616(1), Fla. Stat. — On request the court shall (or sua sponte may) exclude witnesses so they cannot hear other testimony.
- § 90.616(2): exceptions — natural-person parties, a designated entity representative, persons essential to the presentation, and (in criminal cases) victims/next of kin/guardians unless prejudicial.
- Federal parallel: Fed. R. Evid. 615.
Federal Parallel
The federal counterpart is Fed. R. Evid. 615 — exclusion of witnesses on request, with comparable exceptions for parties, designated representatives, essential persons, and those authorized by statute.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except as provided in subsection (2).
(2) A witness may not be excluded if the witness is: (a) A party who is a natural person. (b) In a civil case, an officer or employee of a party that is not a natural person. The party’s attorney shall designate the officer or employee who shall be the party’s representative. (c) A person whose presence is shown by the party’s attorney to be essential to the presentation of the party’s cause. (d) In a criminal case, the victim of the crime, the victim’s next of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person’s presence to be prejudicial.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.616 authorizes witness sequestration on request (or sua sponte) so witnesses cannot hear other testimony, with exceptions for natural-person parties, designated entity representatives, essential persons, and crime victims/next of kin unless prejudicial.