The sequestration of expert witnesses falls under Mississippi’s Rules of Evidence, Rule 615. Miss. Code Ann. § 6-615 (West 2017). This rule requires the court to exclude witnesses from the courtroom as to not hear testimony of other witnesses when requested by a party or by the court on its own order. Id. The rule has three exceptions of individuals that cannot be excluded 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. The notes to the rule state that the third exception includes experts who need to hear all testimony in order to best form the opinions they will testify to. Collins v. State, 361 So. 2d 333 (Miss. 1978). It additionally includes an expert that advises counsel during the litigation. Id. Regardless of the expert’s purpose, the party requesting that the expert not be sequestered has the burden of showing the witness’s essentiality and necessity to remain in the courtroom. Id.
Call us today! 508-457-1111
