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Rule 267. Witnesses Placed Under Rule

TEXT

At the request of either party, in a civil case, the witnesses on both sides may be sworn and removed out of the court room to some place where they can not hear the testimony as delivered by any other witness in the cause. This is termed placing witnesses under the rule. Neither party to the suit shall be placed under the rule. Where a corporation is a party to the suit, the court may exempt from the rule an officer or other representative of such corporation to aid counsel in the presentation of the case. If any party be absent the court in its discretion may exempt from the rule a representative of such party. Witnesses, when placed under the rule, shall be instructed by the court that they are not to converse with each other or with any other person about the case other than the attorneys in the case, except by permission of the court, and that they are not to read any report of or comment upon the testimony in the case while under the rule. Any person violating such instructions may be punished for contempt of court.

Source: C. C. P. Arts. 644, 647.

Change: Specific authorization is given for the parties or their proper representatives to be exempted from the rule, and no requirement is made in civil cases that the witnesses be placed in the custody of an officer of the court.

Oct. 29, 1940, eff. Sept. 1, 1941.

AMENDMENTS

July 15, 1987, eff. Jan. 1, 1988