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Confidential Sources and Information: Separation orders

Reporters who have been subpoenaed for testimony may be subject to separation orders. These are designed to keep witnesses from hearing and being influenced by the testimony of other witnesses. When applied to reporters, they prevent them from covering trials or other legal proceedings. A reporter is unlikely to succeed in objecting to a separation order if the subpoena on which the order is based is upheld, although some courts have been willing to limit the order in such cases.⁷

Notes

7. See, e.g., United States v. Greer, No. 2:95-CR-72 (D. Vt. April 18, 1997) (reporter barred from hearing testimony of particular witness); Indiana ex rel. Labalme v. Madison Circuit Court, No. 48500-9702-OR-155 (Ind. March 4, 1997) (declining to overturn separation order keeping reporter out of murder trial); and Connecticut v. Kelly, No. CR-86-0052961T (Conn. Sup. Ct. March 18, 1997) (order closing courtroom to press and public).

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