Does the court erred in denying a motion to exclude prospective witnesses from the courtroom?

California, United States of America


The following excerpt is from Great Lakes Airlines, Inc. v. Smith, 14 Cal.Rptr. 153, 193 Cal.App.2d 338 (Cal. App. 1961):

Appellants also assert that the court erred in denying their motion for an order excluding prospective witnesses from the courtroom. They argue that by reason of the fact that the determination of the action would depend upon conflicting testimony the defendants were entitled to have the witnesses excluded from the courtroom until after they testified. Whether or not witnesses should be excluded was a matter within the discretion of the judge. People v. Lariscy, 14 Cal.2d 30, 32, 92 P.2d 638; People v. Persky, 167 Cal.App.2d 134, 139, 334 P.2d 219. The judge did not abuse his discretion in denying the motion.

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