The court may and at the request of either party must exclude prospective witnesses from the courtroom during opening statements and other witnesses testimony.

Rule of exclusion of witnesses arizona. But this rule does not authorize excluding. 1 In this appeal we consider whether and how the rule of exclusion of witnesses under Rule 615 of the Arizona Rules of Evidence applies to expert witnesses. Arizona Rules of Evidence Rule 615.

At a partys request the court must order witnesses excluded so that they cannot hear other witnesses testimony. We hold that by its terms Rule 615 does not automatically exempt expert witnesses from exclusion. Once the rule excluding witnesses was invoked the trial court State and Defendant agreed that only the decedents parents and children were exempt from the rule pursuant to Arizona Rules of Criminal Procedure 93a and 39a.

At a partys request the court must order witnesses excluded so that they cannot hear other witnesses testimony. Rule 615 requires the trial court upon request exclude witnesses from hearing or reading the testimony of other witnesses during trial to avoid fabrication inaccuracy and collusion Here both parties at the beginning of trial agreed to invoke the rule. Or the court may do so on its own.

Neither rule has been amended to reflect the Legislatures 2005 changes to the definition of victim in 13-440119. Arizona Rule of Evidence 615 the Rule provides that a trial court at a partys request must order witnesses excluded so that they cannot hear other witnesses testimony That rule was called into question recently when a patient sued her doctor of chiropractic for medical malpractice. At a partys request the court must order witnesses excluded so that they cannot hear other witnesses testimony.

In keeping with a victims constitutional right to be present at proceedings involving a defendant Rule 93a exempts victims as defined in Rule 39a from the rule excluding witnesses. Rule 93 - Exclusion of Witnesses and Spectators a Witnesses. We hold that by its terms Rule 615 does not automatically exempt expert witnesses from exclusion.

The court may and at the request of either party must exclude prospective witnesses from the courtroom during opening statements and other witnesses testimony. Excluded witnesses are also prohibited from reviewing transcripts of other witnesses testimony. Or the court may do so on its own The purpose of the rule is to avoid witnesses tailoring their testimony to meet or refute other testimony and to ferret out liars.