Excluding Witnesses from the Courtroom; Preventing an Excluded Witness’s Access to Trial Testimony

U.S Code last checked for updates: Jan 18, 2025

Rule 615.

(a)

Excluding Witnesses.

At a party’s request, the court must order witnesses excluded from the courtroom so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding:

(1)

a party who is a natural person;

(2)

one officer or employee of a party that is not a natural person if that officer or employee has been designated as the party’s representative by its attorney;

(3)

any person whose presence a party shows to be essential to presenting the party’s claim or defense; or

(4)

a person authorized by statute to be present.

(b)

Additional Orders to Prevent Disclosing and Accessing Testimony.

An order under (a) operates only to exclude witnesses from the courtroom. But the court may also, by order:

(1)

prohibit disclosure of trial testimony to witnesses who are excluded from the courtroom; and

(2)

prohibit excluded witnesses from accessing trial testimony.

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1937; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 25, 1988, eff. Nov. 1, 1988; Pub. L. 100–690, title VII, § 7075(a), Nov. 18, 1988, 102 Stat. 4405; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 24, 2023, eff. Dec. 1, 2023.)