Law and Rules Regarding Expert Witness Sequestration in Florida

The sequestration of expert witnesses in Florida falls under the Florida Rules of Evidence § 90.616. Fla. Stat. Ann. § 90.616 (West 2017). This rule requires that the court order a witness to be excluded when either a party requests for the witness to be exlcuded or the court orders on its own. Id. The rule has four exceptions of individuals that cannot be sequestered, and experts fall under the third exception. Id. The third exception is for “a person whose presence a party shows to be essential to presenting the party’s claim or defense.” Id. In regard to what constitutes essentiality, an expert that played an integral part in assisting counsel with understanding and performing cross examination of the opposing party’s witness was found to be “essential to the presentation of the State’s case” and was properly excluded from sequestration. Hilton v. State, 117 So. 3d 742 (Fla. 2013).