The sequestration of expert witnesses falls under West Virginia’s Rules of Evidence, Rule 615. W. VA. CODE ANN. § 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 an order of its own. Id. The rule has four exceptions and the third exception applies to expert witnesses. 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 trial court is given discretion to determine if an expert is essential such that if falls within this exception. State v. McKenzie, 475 S.E.2d 521 (W. Va. 1996).
Law and Rules Regarding Expert Witness Sequestration in West Virginia
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