The sequestration of expert witnesses falls under New Mexico’s Rules of Evidence, Rule 11-615. N.M. STAT. ANN. § 11-6-615 (West 2017). This rule requires the court to exclude a witness from the courtroom as to not hear testimony of other witnesses when requested by a party or through its own order. Id. The rule has four exceptions, 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. The court is given broad discretion when determining whether an expert witness is essential enough to fall under the exclusion from the rule. State v. Trevino, 833 P.2d 1170 (N.M. Ct. App. 1991).
