Expert Witness Blog

Law and Rules Regarding Expert Witness Sequestration in Minnesota

The sequestration of expert witnesses falls under Minnesota’s Rules of Evidence, Rule 615. Minn. Stat. Ann. § 6.615 (West 2017). This rule allows the court to exclude a witness from the courtroom as to not hear the testimony of other witnesses if a party requests or the court orders on its own. Id. In criminal proceedings, requests for a witness to be excluded should generally be granted. State v. Jones, 347 N.W.2d 796 (Minn. 1984). However, the comments to the rule note that in any case, experts who are “essential to advise counsel in the litigation” are “essential to the trial process” and the court should not exclude them from the courtroom.

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