Rule 615. Exclusion of witnesses

Exclusion of witnesses. At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, (3) a person whose presence is shown by a party to be essential to the presentation of the party’s cause, or (4) a victim of a criminal offense or the representative of a victim who is unable to attend, when the representative has been selected by the victim, the victim’s guardian, or the victim’s family.

Committee Notes

Advisory Committee’s Notes As with the pre-existing Alabama evidence law, the trial judge, on the judge’s own motion or on the motion of a party, is vested with the power to exclude witnesses from the courtroom. This historic practice has been referred to both as “sequestration of witnesses” and as “putting witnesses under the rule.” See, e.g., Chatman v. State, 380 So.2d 351 (Ala.Crim.App.1980); C. Gamble, McElroy’s Alabama Evidence § 286.01 (4th ed. 1991). Through the use of the word “may,” in contrast to the word “shall,” as in the corresponding federal rule, Rule 615 continues the discretionary sequestration that has long existed under Alabama practice. See Lewis v. State, 55 Ala.App. 140, 313 So.2d 566 (1975); Ala.R.Crim.P. 9.3(a) (providing that the court, on its own motion or at the request of any party, may exclude prospective witnesses from the courtroom; that rule is superseded by Ala.R.Evid. 615). Unless the witness falls into one of the four categories specifically described in Rule 615, sequestration is left within the sound discretion of the trial court; the court’s action in sequestering a witness who is not within one of those four categories is reviewed on appeal under an “abuse of discretion” standard. See Camp v. General Motors Corp., 454 So.2d 958 (Ala.1984). The committee emphasizes, however, that Alabama appellate courts frequently observe that, notwithstanding the fact that sequestration is discretionary, the trial court rarely should deny a request for sequestration of witnesses. Otinger v. State, 53 Ala.App. 287, 299 So.2d 333 (1974). Rule 615 provides that four classes of witnesses are exempt from sequestration or being placed “under the rule.” The provisions relating to the first three classes are taken verbatim from Fed.R.Evid. 615. First, no party who is a natural person may be sequestered. This is consistent with pre-existing Alabama authority and with constitutional considerations. See, e.g., Smith v. State, 253 Ala. 220, 43 So.2d 821