MBE Rules · Evidence
Excluding Witnesses
FRE 615
The rule
At a party's request the court must exclude witnesses from the courtroom, except parties, party representatives, persons essential to a claim or defense, and those statutorily authorized (e.g., crime victims).
In plain English
The rule on excluding witnesses means that if one party asks, the court must remove witnesses from the courtroom so they cannot hear the testimony of others. However, there are exceptions for parties involved in the case, their representatives, individuals crucial to the case, and certain authorized persons like crime victims.
Worked example
During a trial, the plaintiff requests that all witnesses be excluded from the courtroom. The judge agrees but allows the plaintiff and defendant to remain, along with the plaintiff's attorney and a crime victim who is statutorily authorized to stay. As a result, the courtroom is cleared of other witnesses, ensuring they do not hear any testimony before their own.
Memory hook
Witnesses out, but parties and essential folks stay in!
The trap
Exams may present scenarios where students overlook the exceptions to the exclusion rule, mistakenly thinking all witnesses must leave without considering who is allowed to stay. This can lead to incorrect conclusions about the admissibility of testimony.
How examiners test it
Questions often involve a party requesting the exclusion of witnesses and test whether the exceptions to the rule are properly applied or recognized by the examinee.
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