Law and Rules Regarding Expert Witness Sequestration in Utah

The sequestration of expert witnesses falls under Utah’s Rules of Evidence, Rule 615. UTAH CODE ANN. ST. CT. RULES §6-615 (West 2017). This rule requires that the court exclude witnesses from the courtroom as to not hear testimony of other witnesses when a party requests or when the court orders on its own. Id. This rule has six exceptions of individuals that cannot be excluded 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. Case law notes that it is common for the court to allow a witness to remain in the courtroom if that witness has “special knowledge of facts” so the witness can advise counsel regarding the trial. Xenakis v. Garret Freight Lines, Inc., 265 P.2d 1007 (Utah 1954).