Law and Rules Regarding Expert Witness Sequestration in Iowa

The sequestration of expert witnesses falls under Iowa’s Rules of Evidence, Rule 5.615. IOWA CODE ANN. §5.615 (West 2017). This rule allows the court to exclude a witness from the courtroom as to not hear testimony of other witnesses when requested by a party or on its own order. Id. The rule has four exceptions and expert witnesses 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. The court will generally grant motions for witnesses to be sequestered if the request is made in good faith and granting the motion will help eliminate the risk of perjury from witnesses hearing other witness testimony. State v. Pell, 119 N.W. 154 (Iowa 1909). The trial court is given discretion whether to grant a motion for excluding a witness or not based on the facts. State v. Sampson, 261 N.W. 769 (Iowa 1935).