Exclusion of Witnesses — Rule 615

• Jurisdiction: Colorado

Exclusion of Witnesses — Rule 615

SUMMARY OF RULE 615

• A party has the right to exclude witnesses so they cannot hear testimony of other witnesses.
• The court does not have discretion and shall order sequestration upon request.
• The court may order sequestration on its own motion.
• Rule 615 does not authorize exclusion of an employee or agent of a party designated as a representative by its attorney.
• The Rule does not authorize exclusion of a person whose presence is shown to be essential to a presentation, such as an expert witness.

LEGAL AUTHORITIES

• The court may order witnesses to remain outside the courtroom and not discuss the case with each other, and may impose sanctions for a sequestration violation. People v. Melendez, 102 P.3d 315 (Colo. 2004).

• Sanctions for violation of a sequestration order may include contempt, commenting on the credibility of a witness, refusing to allow the witness to testify, or striking the testimony. People v. P.R.G., 729 P.2d 380 (Colo. App. 1986).

• A party is subject to sanction where there is evidence of the party's or counsel's consent, connivance, procurement, or...