STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

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.)