During the course of a proceeding no one except the judge may excuse from the courtroom a party, a witness (including one who has testified), or counsel.
Rule 10.4.Excusals From Courtroom
Rule 10. TRIALS · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 10.4 reserves to the judge alone the authority to excuse a party, witness, or attorney from the courtroom during a proceeding, so no one else — including a witness who has already testified — may leave without the judge’s permission.
Full Text of Rule 10.4
Plain-English Summary
Rule 10.4 keeps control over who is physically present in the courtroom squarely with the judge. Once a proceeding is underway, nobody but the judge can excuse a party, a witness, or an attorney from the room — not opposing counsel by agreement, not a bailiff, and not the person themselves deciding to step out.
The rule specifically covers a witness who has already testified, closing off any assumption that finishing testimony automatically means permission to leave. Whether someone can step out for a few minutes or is done for the day, the answer runs through the judge. It is a small rule, but it keeps the courtroom’s comings and goings under one authority rather than leaving it to informal understandings among counsel.
Frequently Asked Questions
Who has authority to excuse someone from the courtroom during a proceeding?
Only the judge.
Does this rule apply to a witness who already testified?
Yes. It specifically includes a witness who has testified.
Can opposing counsel agree to let a witness leave early?
No. The rule reserves that authority to the judge alone, regardless of any agreement between counsel.
Does the rule cover attorneys as well as parties and witnesses?
Yes. It covers a party, a witness, or counsel.
When does this restriction apply?
During the course of a proceeding.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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