W.Va. R. Evid. 615

As amended through January 31, 2024

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; or

(d) a person the court believes should be permitted to be present.

W.va. R. Evid. 615

COMMENT ON RULE 615

Rule 615 was taken verbatim from its federal counterpart. With one exception, the revised rule is substantively the same as the current state rule and only has stylistic changes. The one exception is revised Rule 615(d). This provision was patterned after its federal counterpart, but is not found in the current state rule. Federal Rule 615(d) provides: "a person authorized by statute to be present." Because the trial judge should have the ultimate discretion to decide whether a witness should be allowed to remain in the courtroom, subsection (d) differs from the federal rule.