Expert Witness Blog

Law and Rules Regarding Expert Witness Sequestration in Missouri

The sequestration of expert witnesses falls under case law in Missouri. In the case law, excluding witnesses is been referred to as requesting the court to invoke the “Rule” to do so. State v. Shay, 339 S.W.2d 799 (Mo. 1960). 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. Furthermore, the discretion as to whether the witness should be excluded or not is given to the trial court. Id. Expert witnesses have been allowed to remain in the courtroom when the expert was going to base its opinion “on facts or data made known to him at trial.” Grab ex rel. Grab v. Dillon, 103 S.W.3d 228 (Mo. Ct. App. 2003).

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