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Rule 615. Excluding Witnesses

Arizona Revised Statutes AnnotatedRules of Evidence for Courts in the State of Arizona

Arizona Revised Statutes Annotated
Rules of Evidence for Courts in the State of Arizona (Refs & Annos)
Article VI. Witnesses (Refs & Annos)
Arizona Rules of Evidence, Rule 615
Rule 615. Excluding Witnesses
At a party's request, the court must 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:
(a) a party who is a natural person;
(b) an officer or employee of a party that is not a natural person, after being designated as the party's representative by its attorney;
(c) a person whose presence a party shows to be essential to presenting the party's claim or defense;
(d) a person authorized by statute to be present; or
(e) a victim of crime, as defined by applicable law, who wishes to be present during proceedings against the defendant.

Credits

Amended Oct. 19, 1988, effective Nov. 1, 1988; Nov. 12, 1991, effective Dec. 31, 1991; Sept. 8, 2011, effective Jan. 1, 2012.

Editors' Notes

COMMENT TO 2012 AMENDMENT
This rule has been amended to conform to Federal Rule of Evidence 615, including the addition of subsection (d).
Subsection (e) (formerly subsection (d)), which is a uniquely Arizona provision, has been retained but amended to reflect that “a victim of crime” means a crime victim “as defined by applicable law,” which includes any applicable rule, statute, or constitutional provision. The rule previously provided that “a victim of crime” would be “as defined by Rule 39(a), Rules of Criminal Procedure.”
Additionally, the language of Rule 615 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent in the restyling to change any result in any ruling on evidence admissibility.
COMMENT TO 1991 AMENDMENT
The 1991 amendment to Rule 615 was necessary in order to conform the rule to the victim's right to be present at criminal proceedings, recognized in Ariz. Const. Art. II, § 2.1(A)(3).
HISTORICAL NOTE
Source:
Federal Rules of Evidence, Rule 615.
17A Pt. 1 A. R. S. Rules of Evid., Rule 615, AZ ST REV Rule 615
Current with amendments received through 11/1/17
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