FRE · Rule 615

FRE Rule 615

Quick Answer

What is FRE Rule 615?

FRE Rule 615 outlines the exclusion of witnesses from the courtroom to prevent them from hearing the testimony of others. This is crucial for maintaining the integrity of the trial process.

Source: FRE Rule 615

Official Text
At the request of a party, the court must order witnesses excluded so that they cannot hear the testimony of other witnesses.
Plain Language

Rule 615 allows a judge to exclude witnesses from the courtroom while other witnesses are testifying. This helps ensure that witnesses do not tailor their testimonies based on what they hear during the trial.

Purpose

The purpose of this rule is to prevent bias and contamination of witness testimony, ultimately protecting the fairness of the trial process.

Key Provisions

Exclusion of witnesses

The court must exclude witnesses upon request to prevent them from hearing the testimony of other witnesses in the case.

Exceptions to the rule

The rule does not apply to a party, their representative, or a person whose presence is essential to the presentation of the case.

Practice Notes
  • Always make a request for witness exclusion when appropriate to protect against potential testimony contamination.
  • Be prepared to argue against any exceptions for particular witnesses, as opposing counsel may seek to keep supportive witnesses in the courtroom.
  • Consider the implications of witness exclusion on your case strategy, including the importance of witness order and testimony impact.
Landmark Cases

United States v. McKeever

This case illustrates the application of Rule 615 when the court upheld the exclusion of witnesses to preserve the integrity of testimony and the trial process.

Common Motions
  • motion to exclude witnesses
Exam Tip

Rule 615 is frequently tested in relation to evidentiary issues and witness credibility, so focus on understanding its application in trial strategy and courtroom dynamics.

Related Rules
  • fre-rule-616

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