Expert Witness Blog

Law and Rules Regarding Expert Witness Sequestration in Tennessee

The sequestration of expert witnesses falls under Tennessee’s Criminal Procedure Statute § 40-10-103. TENN. CODE ANN. § 40-10-103 (West 2017). This rule allows the magistrate to order for certain witnesses to be excluded as to not hear the testimony of other witnesses for “the attainment of justice.” Id. Additionally, if a party requests, the magistrate must exclude all witnesses from hearing testimony of other witnesses. Id. All discretion as to whether to exclude witnesses or not is given to the trial judge to decide given the facts of the circumstances. Nelson v. State, 32 Tenn. 237 (Tenn. 1852).

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