K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-2903 (2026)

Exclusion and separation of witnesses

✓ current as of May 2026
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22-2903. Exclusion and separation of witnesses. During the examination of any witnesses or when the defendant is making a statement or testifying the magistrate may, and on the request of the defendant or state shall, exclude all other witnesses. He may also cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.

History: L. 1970, ch. 129, § 22-2903; July 1.

Notes of Decisions
Cited in 7 cases, 1978–2008 · leading case: State v. Freeman, 574 P.2d 950 (Kan. 1978).
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State v. Freeman, 574 P.2d 950 (Kan. 1978). · cites it 4× “The statute providing for separation of witnesses reads: “During the examination of any witnesses or when the defendant is making a statement or testifying the magistrate may, and on the request of the defendant or state shall, exclude all other witnesses.”
State v. Kirtdoll, 136 P.3d 417 (Kan. 2006). · cites it 2× “He specifically asserts that Rucker violated a witness sequestration order issued pursuant to K.S.A. 22-2903 by sitting in the courtroom during the preHminaiy hearing, although she did not testify at the hearing.”
State v. Crum, 184 P.3d 222 (Kan. 2008). · cites it 2× “On appeal, Crum argues that Brown’s presence during Fainter’s testimony violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution and his statutory rights under K.S.A. 22-2903. However, K.S.A. 22-2903 provides that sequestration is mandatory…”
State v. Heath, 957 P.2d 449 (Kan. 1998). · cites it 2× “(7) FAILURE TO SEQUESTER RHONDA PARDEKOOFER The defendant argues that the presence of Pardekooper throughout the trial violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution and his statutory right under K.S.A 22-2903. K.S.A. 22-2903…”
State v. Francis, 145 P.3d 48 (Kan. 2006). “But Francis has failed to direct the court’s attention to where in the record he complained either of how much time Daniels spent in the courtroom or how close Daniels sat to the prosecuting attorney.”
State v. Dunn, 758 P.2d 718 (Kan. 1988). “When requested by a defendant, K.S.A. 22-2903 requires the sequestration of witnesses during preliminary hearings.”
State v. Johnson, 905 P.2d 94 (Kan. 1995). “The defendant moved for a mistrial, arguing that because the KBI spoke with Deenihan before his testimony, there was a violation of the witness sequestration order.”
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