The sequestration of expert witnesses falls under Indiana’s Rules of Evidence, Rule 615. IND. CODE ANN. § 34-6-615 (West 2017). This rule requires that if requested by a party, the court must exclude a witness from the courtroom as to not hear the testimony of other witnesses. Id. The court can also order the exclusion of a witness on its own. Id. There are three exceptions to the rule, and expert witnesses 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 order to show that a witness is essential enough to fall into the exclusion, the witness “must have such specialized expertise or intimate knowledge of the facts of the case that a party’s attorney could not effectively function without the presence and aid of the witness.” Stafford v. State, 736 N.E.2d 326 (Ind. Ct. App. 2000).
Law and Rules Regarding Expert Witness Sequestration in Indiana
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