The sequestration of expert witnesses in New York is not statutorily codified. Instead, case law is the source of guidance. Case law provides that the trial court is given the discretion to decide whether a witness should be excluded from the courtroom. Philpot v. Fifth Ave. Coach Co., 128 N.Y.S. 35 (N.Y. App. Div. 1911). Case law also notes that the purpose of witness sequestration is to remove the risk of a witness adopting testimony heard by another witness. People v. Novak, 971 N.Y.S.2d 403 (N.Y. Cy. Ct. 2013). The Court of Appeals has held that the risk that an expert witness who is only testifying to its personal opinions will change testimony by hearing other witnesses is low, and actually, it can prove more beneficial to have experts in the courtroom because then their opinions will be based on a more full set of information. People v. Santana, 600 N.E.2d 201 (N.Y. 1992). Furthermore, the party opposing the witness’s exclusion bears the burden of showing that the witness is essential and the presence of the witness “will not prejudice the party opposed to his presence in the courtroom.” People v. Medure, 683 N.Y.S.2d 697 (N.Y. Sup. Ct. 1998).
Law and Rules Regarding Expert Witness Sequestration in New York
Search for Expert Witnesses
Search the SEAK Expert Witness Directory.
More from the Expert Witness Blog
Psychology Expert Witness: What Types of Cases Might You Work On?
By Kelly J. Wilbur, Esq. Introduction If you are thinking about becoming a psychology expert witness you might wonder what types of cases you may be asked to work on. Below are 10 examples of cases where a psychologist may be needed as an expert witness. Examples of cases where a psychologist might serve as an expert witness: Personal injury
Read morePsychiatry Expert Witness: What Types of Cases Might You Work On?
By Kelly J. Wilbur, Esq. Introduction If you are thinking about becoming a psychiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 15 examples of cases where a psychiatrist may be needed as an expert witness. Examples of cases where a psychiatrist might serve as an expert witness: Will contests
Read morePodiatry Expert Witness: What Types of Cases Might You Work On?
By Kelly J. Wilbur, Esq. Introduction If you are thinking about becoming a podiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 18 examples of cases where a podiatrist may be needed as an expert witness. Examples of cases where a podiatrist might serve as an expert witness: Medical malpractice
Read more