FRE 615 Excluding Witnesses

Federal Rules of Evidence – Rule 615 

Current through November 5, 2026

Amended Dec. 1, 2023: An exclusion order now only removes witnesses from the courtroom unless the court adds orders barring access to testimony, and an organization may keep only one designated representative in the courtroom.

Crushed Rule

If a party asks, the court must order witnesses out of the courtroom so they can’t hear other witnesses testify, and the court may do so on its own. But it can’t exclude a party who is a person; one officer or employee designated by an organizational party’s attorney; someone whose presence is essential to a party’s claim or defense; or someone a statute allows to be present.

An exclusion order only keeps witnesses out of the courtroom. To stop excluded witnesses from learning about or reading trial testimony elsewhere, the court must add that to its order.

Example: At the plaintiff’s request, the court excludes all witnesses. The defendant corporation’s attorney designates its safety manager as its one representative, so she may stay. If the court also wants to stop a waiting witness from reading the daily transcripts, it must say so in the order.

Actual Rule

(a) Excluding Witnesses. At a party’s request, the court must order witnesses excluded from the courtroom so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding:

(1) a party who is a natural person;

(2) one officer or employee of a party that is not a natural person, if that officer or employee has been designated as the party’s representative by its attorney;

(3) any person whose presence a party shows to be essential to presenting the party’s claim or defense; or

(4) a person authorized by statute to be present.

(b) Additional Orders to Prevent Disclosing and Accessing Testimony. An order under (a) operates only to exclude witnesses from the courtroom. But the court may also, by order:

(1) prohibit disclosure of trial testimony to witnesses who are excluded from the courtroom; and

(2) prohibit excluded witnesses from accessing trial testimony.

Selected Committee Notes

The efficacy of excluding or sequestering witnesses has long been recognized as a means of discouraging and exposing fabrication, inaccuracy, and collusion. 6 Wigmore §§1837–1838. The authority of the judge is admitted, the only question being whether the matter is committed to his discretion or one of right. The rule takes the latter position. No time is specified for making the request.

Several categories of persons are excepted. (1) Exclusion of persons who are parties would raise serious problems of confrontation and due process. Under accepted practice they are not subject to exclusion. 6 Wigmore §1841. (2) As the equivalent of the right of a natural-person party to be present, a party which is not a natural person is entitled to have a representative present. Most of the cases have involved allowing a police officer who has been in charge of an investigation to remain in court despite the fact that he will be a witness. United States v. Infanzon, 235 F.2d 318 (2d Cir. 1956); Portomene v. United States, 221 F.2d 582 (5th Cir. 1955); Powell v. United States, 208 F.2d 618 (6th Cir. 1953); Jones v. United States, 252 F.Supp. 781 (W.D.Okl. 1966). Designation of the representative by the attorney rather than by the client may at first glance appear to be an inversion of the attorney-client relationship, but it may be assumed that the attorney will follow the wishes of the client, and the solution is simple and workable. See California Evidence Code §777. (3) The category contemplates such persons as an agent who handled the transaction being litigated or an expert needed to advise counsel in the management of the litigation. See 6 Wigmore §1841, n. 4.

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