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Idaho Rules of Evidence Rule 615. Excluding witnesses.

(a)  At a party's request, the court may order witnesses excluded so that they cannot hear other witnesses' testimony.  Or the court may do so on its own.  But this rule does not authorize excluding:

(1)  a party who is a natural person;

(2)  an officer or employee of a party that is not a natural person, after being designated as the party's representative by its attorney;

(3)  a person whose presence a party shows to be essential to presenting the party's claim or defense; or

(4)  a crime victim whose exclusion is prohibited under Article 1, Section 22 of the Idaho Constitution.

    

(b)  Preliminary Hearings.  Notwithstanding subsections (a)(1), (2), and (3) of this rule, in a preliminary hearing if either party requests it, the magistrate must exclude all non-party witnesses who have not been examined.

 

(c)  Child Witnesses.  Notwithstanding subsections (a) and (b) of this rule or any statutory provision, when a child is summoned as a witness in any hearing in any criminal matter, including any preliminary hearing, the court may allow parents, a counselor, friend or other person having a supportive relationship with the child to remain in the courtroom during the child's testimony.

    

(Adopted March 26, 2018, effective July 1, 2018.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan
Justice John R. Stegner



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello

 

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