The sequestration of expert witnesses falls under Nebraska’s Rules of Evidence, § 27-615. NEB. REV. STAT. ANN. § 27-615 (West 2017). This rule requires the judge to exclude a witness from the courtroom as to not hear testimony of other witnesses when requested by a party or through an order of its own. Id. The rule has three exceptions and the third exception applies to expert witnesses. Id. The third exception is for “a person whose presence is shown by a party to be essential to the presentation of his cause.” Id. Experts are deemed essential when the opinions they are to testify to are dependent on hearing testimony of other witnesses. In re Dennis W.,717 N.W.2d 488 (Neb. Ct. App. 2006). However, the trial court is given discretion to determine whether a witness is essential or not such that it will not be excluded. State ex re. Nebraska State Bar Ass’n v. Miller, 602 N.W.2d 486 (Neb. 1999).
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