The sequestration of expert witnesses falls under Montana’s Rules of Evidence, Rule 615. Mont. Code Ann. § 26-10-615 (West 2017). This rule requires that the court exclude a witness from the courtroom as to not hear the testimony of other witnesses when requested by a party or through its own motion. Id. The rule has three exceptions of individuals the court cannot exclude and expert witnesses fall under the third exception. Id. The third exception is for “a person whose presence is shown by a party to be essential to the presentation of the party’s cause.” Id. The comments to the rule note that the trial court is given discretion in determining if an expert is essential enough to be covered by the third exclusion in the rule. Id.
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