EXCLUSION OF EXCLUDING
At the request of a party the court shall order witnesses excluded so that they
the testimony of other witnesses, and it may make the order on its own motion. This rule
does not authorize exclusion of (i) a party who is a natural person, or (ii) an officer or
employee of a party that is not a natural person designated as its representative by its
attorney, or (iii) a person whose presence is shown by a party to be essential to the
presentation of the party's cause.
At a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony, or the court may do so on its own. This rule does not authorize excluding:
(a) a party who is a natural person;
(b) an officer or employee of a party that is not a natural person, after being designated as the party's representative by its attorney;
(c) a person whose presence a party shows to be essential to presenting the party's claim or defense; or
(d) a person authorized by statute to be present.
Rule 615 was amended, effective March 1, 1990; March 1, 2014.
Rule 615 is
taken from based on Rule
Fed.R.Ev. 614 of the Federal Rules of Evidence. It
provides that it is mandatory for a court to exclude witnesses when so requested by a party,
subject to stated exceptions. The mandatory demand of this rule marks a departure
North Dakota law, which was that the exclusion of witnesses was a matter within the court's
discretion. Tice v. Mandel, 76 N.W.2d 124 (N.D. 1956).
Rule 615 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 615 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of April 26-27, 2012,
pages 27-29; March
24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, page 5; October 1,
1975, page 6. Rule Fed.R.Ev. 615 , Federal Rules of
Evidence; Rule 615, SBAND proposal.
Considered: N.D.C.C. §§ 12.1-34-02, 29-07-13, 29-07-14.