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RULE 615. EXCLUDING WITNESSES

Effective Date: 3/1/2020

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 law to be present.

Rule 615 was amended, effective March 1, 1990; March 1, 2014; March 1, 2020

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.

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.

SOURCES: Joint Procedure Committee Minutes of 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.

Effective Date Obsolete Date
03/01/2020 View
03/01/2014 View
03/01/1990 03/01/2014 View