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Current as of January 01, 2023 | Updated by FindLaw Staff
While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness 1 who have not been examined.
The magistrate shall also order the witnesses not to converse with each other until they are all examined. The magistrate may also order, where feasible, that the witnesses be kept separated from each other until they are all examined.
This section does not apply to the investigating officer or the investigator for the defendant, nor does it apply to officers having custody of persons brought before the magistrate.
Either party may challenge the exclusion of any person under this section. Upon motion of either party, the magistrate shall hold a hearing, on the record, to determine if the person sought to be excluded is, in fact, a person excludable under this section.
Cite this article: FindLaw.com - California Code, Penal Code - PEN § 867 - last updated January 01, 2023 | https://codes.findlaw.com/ca/penal-code/pen-sect-867/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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