Witness Sequestration

Witness Sequestration

Witness Sequestration

Rule 615 requires exclusion on request. Exceptions cover parties, a designated representative of an entity party, persons essential to presenting the claim, and persons authorized by statute.

The 2023 amendment extended the order beyond the courtroom.

Alternative Names:

Sequestration|Rule 615 Exclusion

Why it Matters?

The 2023 amendment clarified that a sequestration order may prohibit disclosure of trial testimony to excluded witnesses and prohibit excluded witnesses from accessing it, which addresses the gap where witnesses learned testimony through counsel or transcripts. Requesting that extended relief expressly is necessary since the base order covers only courtroom presence. Expert witnesses are frequently exempted as essential.

Frequently asked questions

What did the 2023 amendment add?

What did the 2023 amendment add?

Authority to prohibit disclosure of trial testimony to excluded witnesses and their access to it outside the courtroom.

Who is exempt from exclusion?

Who is exempt from exclusion?

Parties, a designated entity representative, persons essential to presenting the claim, and statutorily authorized persons.