(1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except as provided in subsection (2).
(2) A witness may not be excluded if the witness is:
- (a) A party who is a natural person.
- (b) In a civil case, an officer or employee of a party that is not a natural person. The party’s attorney shall designate the officer or employee who shall be the party’s representative.
- (c) A person whose presence is shown by the party’s attorney to be essential to the presentation of the party’s cause.
- (d) In a criminal case, the victim of the crime, the victim’s next of kin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person’s presence to be prejudicial.
"The Rule" of Sequestration: This is a common practice in trials, often referred to as "invoking the rule." Its purpose is to prevent witnesses from hearing each other's testimony and tailoring their own story to match what they've heard. It helps ensure that each witness testifies from their own memory.
General Rule: At the request of any party, the judge **must** exclude witnesses from the courtroom. The judge can also do it on their own initiative.
Who CANNOT Be Excluded: The rule has several important exceptions for people who have a right to remain in the courtroom:
- A Party: Any person who is a plaintiff or defendant in the case.
- A Corporate Representative: In a civil case, a company can designate one officer or employee to represent it in court.
- An Essential Person: Someone whose presence is necessary for a party to present their case. A common example is the lead investigating detective in a criminal case or an expert witness who needs to hear other testimony to form their opinion.
- The Victim: In a criminal case, the victim of the crime (or their next of kin or representative) has a right to be present unless a court finds their presence would be prejudicial.
