The sequestration of expert witnesses in Texas falls under the Texas Rules of Evidence, Rule 614. TEX. CIV. PRAC. & REM. CODE ANN. § 614 (West 2017). This rule requires that the court order a witness to be excluded from the courtroom if a party so requests. Id. Even if a party does not request, the court can exclude the witness on its own. Id. The rule has exceptions for four types of individuals that cannot be excluded from the courtroom, and experts fall under the third exception. Id. The third exception is for “a person whose presence a party shows to be essential to presenting the party’s claim or defense.” Id. While experts will generally fall into this exception, it is not a straight-line rule, and the trial judge is the one who determines whether the expert is essential enough such that the exception applies. Drillex Systems, Inc. v. Flores, 1 S.W.3d 112 (Tex. 1999).
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