Rule 615 Exclusion of Witnesses

• Jurisdiction: Arizona

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a victim of crime, as defined in Rule 39(a), Rules of Criminal Procedure, who wishes to be present during proceedings against the defendant.

Comment

The trial court has discretion in both civil and criminal cases to exclude witnesses who are not parties, witnesses who are not officers or employees of a party that is not a natural person, and witnesses whose presence is not necessary for effective presentation of the case.[1] In a criminal case, Rule 9.3(a), Ariz. R. Crim. P., requires the trial court to exclude witnesses when a party so requests. In a civil case, the trial court also must exclude witnesses at the request of a party, but the failure to grant the request is not reversible error in the absence of a showing of prejudice. There is no general requirement that a party must invoke the rule at a particular time or else lose the right to invoke it at all.[2]

Because this rule does not authorize the exclusion of a person whose presence is shown to be essential to the presentation of a party's case, the trial court may allow more than one person to remain in the courtroom if the party shows that the presence of those persons is necessary.[3] This rule does not prohibit one expert from reviewing the testimony of another expert,[4] thus it would appear to allow a party to have its expert witness present during the testimony of the other party's expert witness so the party can have its expert witness explain the defects in the testimony of the other witness's testimony.

Before a trial court may impose sanctions for a violation of this rule, the moving party must show that the witness did in fact violate the rule and that the witness's conduct prejudiced the party.[5] Moreover, before the appellate court may reverse a matter for a violation of this rule, the appellant must make this same showing.[6]

Cases

615.010 Sequestrationof witnesses is mandatory when requested in both civil and criminal cases.

State v. Perkins, 141 Ariz. 278, 686 P.2d 1248 (1984) (rule applies even though...