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Florida Statute 90.616 | Lawyer Caselaw & Research
F.S. 90.616 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.616

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.616
90.616 Exclusion of witnesses.
(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.
History.s. 2, ch. 90-174; s. 1, ch. 92-107; s. 493, ch. 95-147.

F.S. 90.616 on Google Scholar

F.S. 90.616 on Casetext

Amendments to 90.616


Arrestable Offenses / Crimes under Fla. Stat. 90.616
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.616.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEBRON, v. STATE, 232 So. 3d 942 (Fla. 2017)

. . . This right has been codified in section 90.616(2)(d), Florida Statutes (2017), which provides that the . . . During Lebron’s first attempt to have Osorio excluded from the courtroom pursuant to section 90.616, . . .

G. HEADY, v. STATE, 215 So. 3d 164 (Fla. Dist. Ct. App. 2017)

. . . . § 90.616(2)(d), Fla. Stat. . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 214 So. 3d 400 (Fla. 2017)

. . . during the táking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . .

FLORIDA INDUSTRIAL POWER USERS GROUP, v. GRAHAM,, 209 So. 3d 1142 (Fla. 2017)

. . . hearing on the petition, FIPUG invoked the rule of sequestration of witnesses, pursuant to section 90.616 . . . erred in not sequestering the witnesses after FIPUG made its request for sequestration under section 90.616 . . . the hearing below was an administrative proceeding, it had discretion as to whether to apply section 90.616 . . . Whether section 90.616 applies to administrative proceedings is a pure question of law, subject to de . . . Section 90.616 reads in its entirety: 90.616 Exclusion of witnesses.— (1) At the request of a party the . . .

DAUGHTRY, v. STATE, 211 So. 3d 84 (Fla. Dist. Ct. App. 2017)

. . . . § 90.616(1), Fla. Stat. (2014). . . . person may not be excluded unless the court determines such person’s presence to be prejudicial. § 90.616 . . . The trial court ruled in accordance with section 90.616(2)(d). . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 199 So. 3d 867 (Fla. 2016)

. . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . .

DISMEX FOOD, INC. a O. v. U. HARRIS,, 194 So. 3d 497 (Fla. Dist. Ct. App. 2016)

. . . Thereafter, Harris invoked the sequestration rule set forth in section 90.616 of the Florida Statutes . . .

LARKIN, v. STATE, 147 So. 3d 452 (Fla. 2014)

. . . See § 90.616, Fla. Stat. (2011). . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 131 So. 3d 643 (Fla. 2013)

. . . during the taking of testimony notwithstanding the invocation of the rale of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule ol'sequeslralion ofsection 90.616 . . .

HILTON, v. STATE, 117 So. 3d 742 (Fla. 2013)

. . . Section 90.616(2)(c), Florida Statutes (1997), allows an exception when a witness’s presence is shown . . .

BENJAMIN, v. TANDEM HEALTHCARE, INC. a d b a a, 93 So. 3d 1076 (Fla. Dist. Ct. App. 2012)

. . . . § 90.616(2)(a), Fla. Stat. (2009). . . . The sequestration rule, articulated in section 90.616, Florida Statutes (2009), provides in part: (1) . . . presence is shown by the party’s attorney to be essential to the presentation of the party’s cause. § 90.616 . . . allows courts to exclude witnesses from the trial, but does not permit the court to exclude parties. § 90.616 . . . Gagnon’s other children were parties as contemplated by section 90.616, precluding their exclusion. . . .

R. D. H. a v. STATE, 57 So. 3d 254 (Fla. Dist. Ct. App. 2011)

. . . Section 90.616, Florida Statutes (2009), provides: (1) At the request of a party the court shall order . . .

L. E. D. a v. STATE, 48 So. 3d 167 (Fla. Dist. Ct. App. 2010)

. . . Section 90.616, Florida Statutes (2009), provides: (1) At the request of a party the court shall order . . .

FERNANDEZ, v. GUARDIANSHIP OF FERNANDEZ,, 36 So. 3d 175 (Fla. Dist. Ct. App. 2010)

. . . The Evidence Code provides: 90.616 Exclusion of witnesses.— (1) At the request of a party the court shall . . . such person, unless, upon motion, the court determines such person’s presence to be prejudicial. § 90.616 . . . Id. § 90.616(2)(a). The other fact witnesses were all relatives of the parties. . . .

In FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS, 13 So. 3d 1025 (Fla. 2009)

. . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . .

A. HERNANDEZ, Jr. v. STATE, 4 So. 3d 642 (Fla. 2009)

. . . As the majority correctly recognizes, “section 90.616 adopts the view that sequestration is demandable . . . Although sequestration is demandable as a matter of right, section 90.616(2)(c) provides that a court . . . Rather, section 90.616(2)(c) requires the party seeking an exception from the rule for its witness to . . . McClaren’s presence was essential as required under section 90.616(2)(c). . . . to ensure that discretion is being exercised in a manner consistent with both the rule and section 90.616 . . . Section 90.616, Florida Statutes (2006), states in pertinent part: (1) At the request of a party the . . . See § 90.616(2), Fla. Stat. (2006). . . . As one of those categories, section 90.616(2)(c) provides that a court may not exclude “[a] person whose . . . Under section 90.616(2)(c), the burden is on the party seeking to avoid sequestration of a witness to . . . Id. at 541 (quoting § 90.616(2)(c), Fla. Stat. (1993)). . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . . during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616 . . .

J. R. a v. STATE, 923 So. 2d 1269 (Fla. Dist. Ct. App. 2006)

. . . Commonly called “the rule,” section 90.616, Florida Statutes (2004), provides: (1) At the request of . . . “If sequestration is invoked, section 90.616(2) provides that four categories of witnesses ... . . . If J.R.’s mother was a “party who is a natural person,” § 90.616(2)(a), Fla. . . . See § 90.616(2)(a), Fla. Stat. (2004). VI. Nor do we find authority for holding the error harmless. . . . "Section 90.616 adopts the view of Federal Rule 615 that sequestration is de-mandable as a matter of . . .

CHAMBERLAIN, v. STATE, 881 So. 2d 1087 (Fla. 2004)

. . . . § 90.616(1), Fla. Stat. (2003). . . .

DAVIS, v. STATE v. V. Jr., 875 So. 2d 359 (Fla. 2003)

. . . Section 90.616, Florida Statutes (1995), provides an exception to the rule of sequestration for a minor . . .

ROSE, v. STATE, 787 So. 2d 786 (Fla. 2001)

. . . Addressing the second part of this claim, Rose recognizes that section 90.616, Florida Statutes (1997 . . .

CAIN, v. STATE, 758 So. 2d 1257 (Fla. Dist. Ct. App. 2000)

. . . .; § 90.616(2)(d), Fla. Stat. (1999). . . . non-blood relatives can properly be considered next-of-kin under article I, section 16(b) and section 90.616 . . .

RIDER, v. STATE, 724 So. 2d 617 (Fla. Dist. Ct. App. 1998)

. . . Although appellant acknowledged the child’s mother to be exempt from the rule, See. 90.616(2)(d), Fla . . .

KNIGHT, n k a v. STATE, 746 So. 2d 423 (Fla. 1998)

. . . Section 90.616(2)(c), Florida Statutes (1997), allows an exception to the rule of sequestration for “ . . .

KNIGHT, n k a v. STATE, 721 So. 2d 287 (Fla. 1998)

. . . Section 90.616(2)(e), Florida Statutes (1997), allows an exception to the rule of sequestration for “ . . . Although Knight is correct that the 1990 enactment of section 90.616, a statutory rule of sequestration . . .

STRAUSSER, Jr. v. STATE, 682 So. 2d 539 (Fla. 1996)

. . . .” § 90.616(2)(c), Fla.Stat. (1993). . . .

FIRST UNION NATIONAL BANK OF FLORIDA, v. GOODWIN BEACH PARTNERSHIP,, 644 So. 2d 1361 (Fla. Dist. Ct. App. 1994)

. . . First Union also cited section 90.616(2)(c) of the Florida Evidence Code that a person whose presence . . . $4,875.047.00, which is $111,440.00 less than the total mortgage indebtedness of $4,986,-487.00. . § 90.616 . . .

BLACK v. SEARS, ROEBUCK AND COMPANY,, 621 So. 2d 712 (Fla. Dist. Ct. App. 1993)

. . . individual, as reflected by the record, was neither an officer nor an employee of appellee, and section 90.616 . . .

H. GOODMAN, v. WEST COAST BRACE LIMB, INC. R. d b a, 580 So. 2d 193 (Fla. Dist. Ct. App. 1991)

. . . Florida legislature codified the case law and essentially adopted the federal rule by enacting section 90.616 . . . Section 90.616 provides that upon the request of a party the court shall exclude all witnesses unless . . .