RULE 615. EXCLUDING WITNESSES FROM THE COURTROOM; PREVENTING AN EXCLUDED WITNESS’S ACCESS TO TRIAL TESTIMONY
Effective Date: 3/1/2025
(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. 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 law to be present.
(b) Additional Orders to Prevent Disclosing and Accessing Testimony. An order under subdivision (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.
Rule 615 was amended, effective March 1, 1990; March 1, 2014; March 1, 2020; March 1, 2025.
Rule 615 is based on Fed.R.Ev 615. It provides that it is mandatory for a court to exclude witnesses when so requested by a party, subject to stated exceptions.
Paragraph (a)(4), formerly subdivision (d), was amended, effective March 1, 2020, to replace “statute” with “law.”
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.
Rule 615 was amended, effective March 1, 2025, in response to the December 1, 2023, amendments to Fed.R.Ev. 615. The amendments clarify: 1) the court may prohibit excluded witnesses from learning about, obtaining, or being provided with trial testimony; and 2) the exception from exclusion for entity representatives is limited to one designated representative per entity.
SOURCES: Joint Procedure Committee Minutes of April 26, 2024, pages 10-11; April 26, 2019, pages 7-8; September 28, 2018, pages 13-14; 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. Fed.R.Ev. 615; Rule 615, SBAND proposal.
STATUTES AFFECTED:
CONSIDERED: N.D. Const. Art. I, § 25; N.D.C.C. §§ 12.1-34-02, 29-07-13, 29-07-14.