Overview:
Rule ER 615 addresses the exclusion of witnesses from the courtroom to prevent them from hearing the testimony of other witnesses. This rule is essential in maintaining the integrity of witness testimonies and ensuring that each witness provides independent and unbiased evidence.
Key Provisions of ER 615:
- Exclusion of Witnesses:
- At the request of a party, the court may order witnesses to be excluded so they cannot hear the testimony of other witnesses.
- The court can also make this order on its own motion.
- Exceptions to Exclusion:
- A party who is a natural person cannot be excluded.
- An officer or employee of a party that is not a natural person can be designated as its representative by its attorney and cannot be excluded.
- A person whose presence is shown by a party to be reasonably necessary to the presentation of the party’s cause cannot be excluded.
Legal Implications:
The application of ER 615 is critical in ensuring a fair trial. By excluding witnesses, the court can prevent witnesses from being influenced by the testimonies of others, thus preserving the integrity and reliability of their testimonies. This rule also balances the need for excluding witnesses with the necessity of allowing certain key individuals to remain present in the courtroom.
You can read the text of ER 615 here: https://www.courts.wa.gov/court_rules/pdf/ER/GA_ER_06_15_00.pdf
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