Florida Statutes

Fla. Stat. § 90.616 (2025)

Exclusion of witnesses.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(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.

Notes of Decisions

Cited in 34 cases (4 in the last 5 years), 1991–2026 · leading case: Hernandez v. State, 4 So. 3d 642 (Fla. 2009).

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Hernandez v. State, 4 So. 3d 642 (Fla. 2009). · cites it 46× “616, Florida Statutes (2006), states in pertinent part: (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…”

In re Amendments to the Florida Rules of Civil Procedure, 131 So. 3d 643 (Fla. 2013). · cites it 16× “Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwitiistanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing tiiatthe presence…”

J.R. v. State, 923 So. 2d 1269 (Fla. 1st DCA 2006). · cites it 9× “Commonly called “the rule,” section 90.616, Florida Statutes (2004), provides: (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…”

In Re Amendments to Rules of Civ. Procedure, 966 So. 2d 943 (Fla. 2007). · cites it 20× “(8) Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the…”

Chamberlain v. State, 881 So. 2d 1087 (Fla. 2004). · cites it 2× “*1100 The rule of sequestration provides: 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.”

Rose v. State, 787 So. 2d 786 (Fla. 2001). · cites it 2× “Addressing the second part of this claim, Rose recognizes that section 90.616, Florida Statutes (1997), provides: (2) A witness may not be excluded if the witness is: .”

Benjamin v. Tandem Healthcare, Inc., 93 So. 3d 1076 (Fla. 4th DCA 2012). · cites it 7× “The sequestration rule, articulated in section 90.616, Florida Statutes (2009), provides in part: (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…”

In Re: Amendments to Florida Fam. Law Rules of Procedure, 214 So. 3d 400 (Fla. 2017). · cites it 3× “(8) Any minor subpoenaed for testimony has the right to be accompanied by a parent, guardian, guardian ad litem, or attorney ad litem at all times during the táking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes,…”

Knight v. State, 746 So. 2d 423 (Fla. 1998). · cites it 2× “Section 90.616(2)(c), Florida Statutes (1997), allows an exception to the rule of sequestration for "[a] person whose presence is shown by the party's attorney to be essential to the presentation of the party's cause.”

Davis v. State, 875 So. 2d 359 (Fla. 2003). · cites it 2× “Section 90.616, Florida Statutes (1995), provides an exception to the rule of sequestration for a minor child victim's parent, and Davis has been unable to establish how the trial judge abused his discretion in allowing the victim's mother to remain in the courtroom.”

In Re Amendments to the Florida Rules of Civil Procedure, 199 So. 3d 867 (Fla. 2016). · cites it 3× “(8) Any minor subpoenaed for testimony shall havehas the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the…”

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, 13 So. 3d 1025 (Fla. 2009). · cites it 2× “Any minor subpoenaed for testimony shall have the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence…”

Show all 34 citing cases →

— 90.616(1) — 5 cases

Hernandez v. State, 4 So. 3d 642 (Fla. 2009). “616, Florida Statutes (2006), states in pertinent part: (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…”

Chamberlain v. State, 881 So. 2d 1087 (Fla. 2004). “*1100 The rule of sequestration provides: 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.”

Benjamin v. Tandem Healthcare, Inc., 93 So. 3d 1076 (Fla. 4th DCA 2012). “The sequestration rule, articulated in section 90.616, Florida Statutes (2009), provides in part: (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…”

Daughtry v. State, 211 So. 3d 84 (Fla. 4th DCA 2017).

Terrell Eugene Tumblin v. State of Florida (Fla. 4th DCA 2020).

— 90.616(2) — 3 cases

J.R. v. State, 923 So. 2d 1269 (Fla. 1st DCA 2006). “Commonly called “the rule,” section 90.616, Florida Statutes (2004), provides: (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…”

Terrell Eugene Tumblin v. State of Florida (Fla. 4th DCA 2020).

— 90.616(2)(a) — 3 cases

Fernandez v. Guardianship of Fernandez, 36 So. 3d 175 (Fla. 3d DCA 2010).

— 90.616(2)(b) — 1 case

Black v. Sears, 621 So. 2d 712 (Fla. 5th DCA 1993).

— 90.616(2)(c) — 8 cases

Knight 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 "[a] person whose presence is shown by the party's attorney to be essential to the presentation of the party's cause.”

Hilton v. State, 117 So. 3d 742 (Fla. 2013).

Strausser v. State, 682 So. 2d 539 (Fla. 1996).

Knight v. State, 721 So. 2d 287 (Fla. 1998).

— 90.616(2)(d) — 5 cases

Cain v. State, 758 So. 2d 1257 (Fla. 4th DCA 2000).

Heady v. State, 215 So. 3d 164 (Fla. 1st DCA 2017).

Terrell Eugene Tumblin v. State of Florida (Fla. 4th DCA 2020).

Daughtry v. State, 211 So. 3d 84 (Fla. 4th DCA 2017).

Joel Lebron v. State of Florida (Fla. 2017).

— 90.616(l) — 1 case

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