From The Evidence Prof Blog:

Similar to its federal counterpart, Alabama Rule of Evidence 615 provides that

At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses and it may make the order of its own motion. This rule does not authorize exclusion of

(1) a party who is a natural person,

(2) an officer or employee of a party which is not a natural person designated as its representative by its attorney,

(3) a person whose presence is shown by a party to be essential to the presentation of the party’s cause, or

(4) a victim of a criminal offense or the representative of a victim who is unable to attend, when the representative has been selected by the victim, the victim’s guardian, or the victim’s family.

Rule 615 makes no mention of timing. So, what happens if a party makes a sequestration motion after some, but not all, witnesses have testified? That was the question addressed by the Court of Criminal Appeals of Alabama inWiggins v. State, 2014 WL 1744091 (Ala.Crim.App. 2014).

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