Q: Attorney said all witnesses leave. Now has a new witness that watched the hearing. Is this legal?
A:
The exclusion of witnesses is known as "invoking the rule," which is a procedural move to prevent witnesses from hearing the testimony of others, thereby reducing the risk of their testimony being influenced.
However, it is not uncommon for attorneys to have a witness present during the hearing to assist with the case. If a party has a new witness who observed the hearing, their testimony may be permissible unless it violates a specific court order or rule. You should review the circumstances and the applicable court rules to determine the appropriateness of the situation.
If there appears to be an issue with this witness's presence during the hearing, you may raise this concern with the court for a ruling on the matter.
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