Florida Statute 90.616 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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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.

(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 Citing Statute 90.616

Total Results: 20

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Fla. | Date Filed: 2023-09-14T00:00:00-07:00

Snippet: invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the

In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Fla. | Date Filed: 2023-08-31T00:00:00-07:00

Snippet: invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the

TERRELL EUGENE TUMBLIN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-02T00:53:00-07:00

Snippet: section 90.616, Florida Statutes (2018), and titled “Exclusion of Witnesses.” Section 90.616(1) provides…subsection (2).” (emphasis added). Section 90.616(2)(d) provides, in pertinent part, “[a] witness…determines such person’s presence to be prejudicial.” § 90.616(2)(d), Fla. Stat. (emphasis added). As defined…Instructions.”). Nevertheless, under section 90.616(2), the trial court properly could have allowed

Jefferson Eugene Davis v. Gilchrist County Sheriff's Office

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-25T00:53:00-07:00

Snippet: Sequestration The trial judge applied section 90.616, Florida Statutes (“Rule of Sequestration”) … prior to testifying. Appellant, citing section 90.616(2)(c), asserted his expert was essential to the

Joel Lebron v. State of Florida

Court: Fla. | Date Filed: 2017-12-20T23:53:00-08:00

Snippet: Const. This right has been codified in section 90.616(2)(d), Florida Statutes (2017), which provides…excluded from the courtroom pursuant to section 90.616, Florida Statutes (2012), he did not argue that

Heady v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-31T00:00:00-07:00

Citation: 215 So. 3d 164, 2017 WL 1201899, 2017 Fla. App. LEXIS 4479

Snippet: determined that her presence was prejudicial. § 90.616(2)(d), Fla. Stat. CASE NO. 1D15-4013

In Re: Amendments to Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2017-03-16T00:00:00-07:00

Citation: 214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Snippet: invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the…invocation of the rule of sequestration of section 90.616, Florida *455 Statutes, except on

Florida Industrial Power Users Group v. Art Graham, etc.

Court: Fla. | Date Filed: 2017-01-26T00:00:00-08:00

Citation: 209 So. 3d 1142, 42 Fla. L. Weekly Supp. 42, 2017 WL 372086, 2017 Fla. LEXIS 189

Snippet: de novo review). Section 90.616 reads in its entirety: 90.616 Exclusion of witnesses.— …sequestration of witnesses, pursuant to section 90.616, Florida Statutes (2015), but the Commission denied…made its request for sequestration under section 90.616, Florida Statutes (2015). II. ANALYSIS …it had discretion as to whether to apply section 90.616. Accordingly, it denied the request to invoke the… the rule of sequestration. Whether section 90.616 applies to administrative proceedings is a pure question

Daughtry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-25T00:00:00-08:00

Citation: 211 So. 3d 84, 2017 WL 361128, 2017 Fla. App. LEXIS 790

Snippet: from hearing the testimony of other witnesses. § 90.616(1), Fla. Stat. (2014). Witness sequestration is…determines such person’s presence to be prejudicial. § 90.616(2)(d). Here, the trial court ruled that the victim…The trial court ruled in accordance with section 90.616(2)(d). More importantly, the defendant failed to

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

Court: Fla. | Date Filed: 2016-09-01T00:00:00-07:00

Citation: 199 So. 3d 867, 41 Fla. L. Weekly Supp. 357, 2016 Fla. LEXIS 1962, 2016 WL 4586101

Snippet: invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the…invocation of the rule of sequestration of section 90.616, Florida, Statutes, except «pon a showing that

Dismex Food, Inc. v. Harris

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-01T00:00:00-07:00

Citation: 194 So. 3d 497, 2016 WL 3078099, 2016 Fla. App. LEXIS 8286

Snippet: invoked the sequestration rule set forth in section 90.616 of the Florida Statutes. The trial court told the

Gregory David Larkin v. State of Florida

Court: Fla. | Date Filed: 2014-05-22T00:00:00-07:00

Citation: 147 So. 3d 452, 2014 Fla. LEXIS 1671

Snippet: courtroom, and the jury was sworn in. See § 90.616, Fla. Stat. (2011). After the prosecutor’s opening

In re Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2013-11-14T00:00:00-08:00

Citation: 131 So. 3d 643, 38 Fla. L. Weekly Supp. 836, 2013 WL 6164572, 2013 Fla. LEXIS 2476

Snippet: invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing tiiatthe…invocation of the rale of sequestration of section 90.616, Florida Statutes, except upon a showing that the…invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the…invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the…invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the

Hilton v. State

Court: Fla. | Date Filed: 2013-03-21T00:00:00-07:00

Citation: 117 So. 3d 742, 38 Fla. L. Weekly Supp. 174, 2013 Fla. LEXIS 486, 2013 WL 1149715

Snippet: Spencer v. State, 133 So.2d 729 (Fla.1961)). Section 90.616(2)(c), Florida Statutes (1997), allows an exception

Benjamin v. Tandem Healthcare, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-27T00:00:00-07:00

Citation: 93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

Snippet: to whom the sequestration rule did not apply. § 90.616(2)(a), Fla. Stat. (2009). Furthermore, Tandem contends… The sequestration rule, articulated in section 90.616, Florida Statutes (2009), provides in part: (1)…essential to the presentation of the party’s cause. § 90.616(l)-(2), Fla. Stat. (2009). The rule of sequestration…does not permit the court to exclude parties. § 90.616(1), (2)(a), Fla. Stat. (2009); see also J.R. v.…children were parties as contemplated by section 90.616, precluding their exclusion. Recently, the Fifth

R.D.H. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-16T00:00:00-07:00

Citation: 57 So. 3d 254, 2011 Fla. App. LEXIS 3496, 2011 WL 890951

Snippet: motion, we find any error to be harmless. Section 90.616, Florida Statutes (2009), provides: (1) At the

L.E.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-24T00:00:00-08:00

Citation: 48 So. 3d 167, 2010 Fla. App. LEXIS 18017

Snippet: presentation of the state’s case. We agree. Section 90.616, Florida Statutes (2009), provides: (1) At the

Fernandez v. GUARDIANSHIP OF FERNANDEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-02T00:00:00-07:00

Citation: 36 So. 3d 175, 2010 Fla. App. LEXIS 7604, 2010 WL 2178831

Snippet: have been granted. The Evidence Code provides: 90.616 Exclusion of witnesses. (1) At the request of…such person's presence to be prejudicial. § 90.616, Fla. Stat. (2008) (emphasis added). The parties…of course, were not subject to exclusion. Id. § 90.616(2)(a). The other fact witnesses were all relatives

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Fla. | Date Filed: 2009-07-09T00:00:00-07:00

Citation: 13 So. 3d 1025, 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384

Snippet: invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the

Hernandez v. State

Court: Fla. | Date Filed: 2009-01-30T00:00:00-08:00

Citation: 4 So. 3d 642, 34 Fla. L. Weekly Supp. 149, 2009 Fla. LEXIS 149, 2009 WL 217972

Snippet: As the majority correctly recognizes, “section 90.616 adopts the view that sequestration is demandable…sequestration is demandable as a matter of right, section 90.616(2)(c) provides that a court may not exclude a witness…exception to the rule of sequestration. Rather, section 90.616(2)(c) requires the party seeking an exception from…presence was essential as required under section 90.616(2)(c). Stmusser is also distinguishable from this…manner consistent with both the rule and section 90.616(2)(c). First, trial courts should require the party