The sequestration of expert witnesses falls under Delaware’s Rules of Evidence, Rule 615. Del Code Ann. R. Evid. § 615 (West 2017). The rule allows the court to exclude witnesses from the courtroom as to not hear testimony of other witnesses when requested by a party or through an order of its own. Id. The rule has three exceptions of individuals the court cannot exclude and experts fall under the third exception. Id. The third exception is for “a person whose presence is shown by a party to be essential to the presentation of his cause.” Id. The notes to the rule suggest that the trial court is given discretion to determine if an expert witness qualifies as being essential enough to be covered by the third exception to the rule. Id.
