RULE 615. EXCLUSION OF WITNESSES
Effective Date: 3/1/1990
Obsolete Date: 3/1/2014
At the request of a party the court shall order witnesses excluded so that they cannot hear 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.
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.