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Cal. Penal Code § 867

Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer

Applied in 2 court decisions — leading case 193 Cal. App. 3d 1354 - People v. Disandra (1987)

Most recently applied in Vocero de Puerto Rico v. Estado Libre Asociado (July 1992)

Amended by Stats. 1986, Ch. 868, Sec. 1.

While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness 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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.