Rule 615: Excluding Witnesses

Rule 615, often called 'the Rule' or 'invoking the Rule,' allows any party to request that witnesses be separated so they cannot hear each other's testimony. When invoked, the court must grant the request — it is mandatory, not discretionary. The purpose is to prevent witnesses from tailoring their testimony to match what others have said and to strengthen cross-examination by making it harder for witnesses to coordinate their accounts.

The rule has four mandatory exceptions: parties who are natural persons (individuals) cannot be excluded because they have a right to be present at their own trial or hearing; a designated representative of an organizational party (like a corporate officer designated to sit at counsel table) cannot be excluded; persons shown to be essential to a party's case (such as a case agent for the government or an expert who needs to hear other testimony to give their opinion) cannot be excluded; and persons authorized by statute to be present (such as victims under the Crime Victims' Rights Act) cannot be excluded.

Violation of a sequestration order does not automatically result in exclusion of the witness's testimony, but it can lead to sanctions including exclusion, contempt, or a jury instruction about the violation.