The sequestration of expert witnesses falls under Kentucky’s Rules of Evidence, Rule 615. KY. REV. STAT. ANN. § 6.615 (West 2017). This rule requires that the court exclude a witness from the courtroom as to not hear testimony of other witnesses upon request by a party or on the court’s own order. Id. The rule has three exceptions 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 the party’s cause.” Id. When experts are testifying to opinions and how their opinions differ from other experts in the case, they should not be excluded from the courtroom. McAbee v. Chapman, 504 S.W.3d 18 (Ky. 2016). Overall, the essentiality of a witness to remain in the courtroom is to be determined by the trial court. Spears v. Commonwealth, 448 S.W.3d 781 (Ky. 2014).
