Examination of Witnesses
Ultimately the presentation of testimony is regulated by the trial judge's discretion rather than the rules of law. In most jurisdictions, witnesses are entitled to an interpreter. The order of examination is the following:
1. Direct examination / Examination in chief
2. Cross-examination
3. Re-Examination
Contents
Exclusion of Witnesses
Immediately before evidence is given, the counsel may ask the judge to order the exclusion from the courtroom of prospective witnesses in the case. The decision is left to the judge but the exclusion of witnesses is usually allowed unless challenged by the defence.
The order can be made at the preliminary hearing for a civil or criminal trial, but it is inappropriate at a sentencing hearing where guilt was not an issue. After cross-examination though, the witness stays in the courtroom for recall.
Unless a rule of court provides otherwise, a judge in a civil trial may not exclude a party to the action who intends to testify. In criminal trials, the accused is entitles to remain in courtroom. The accused has to be present to have a trial.
