Utah R. Evid. 615

As amended through October 28, 2024
Rule 615 - Excluding Witnesses; Preventing an Excluded Witness's Access to Trial Testimony
(a) Excluding Witnesses. At a party's request, the court must order witnesses excluded from the courtroom or from a place where they can see or hear the proceedings. 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) one officer or employee of a party that is not a natural person, if that officer or employee has been designated as the party's representative by its attorney;
(3) any person whose presence a party shows to be essential to presenting the party's claim or defense;
(4) a victim in a criminal proceeding where the prosecutor agrees with the victim's presence;
(5) a victim counselor while the victim is present unless the defendant establishes that the counselor is a material witness in that criminal proceeding; or
(6) a person authorized by statute to be present.
(b) Additional Orders to Prevent Disclosing and Accessing Testimony. The court may also, by order:
(1) prohibit disclosure of trial testimony to excluded witnesses; and
(2) prohibit excluded witnesses from accessing trial testimony.

Utah. R. Evid. 615

Amended October 31, 2023, effective 11/1/2023; amended October 28, 2024, effective 11/1/2024.

2024 Advisory Committee Note. The language of this rule has been amended to clarify 24 from where witnesses are excluded when the exclusionary rule is invoked, and that the 25 court may prohibit an excluded witness from learning about the testimony of other 26 witnesses through any means. The amendments do not affect the inherent powers of the 27 court to enforce orders made under this rule, nor do the amendments intend to limit 28 counsel's or a pro se party's lawful and ethical ability to prepare witnesses.

2011 Advisory Committee Note. The language of this rule has been amended as part of the 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 to change any result in any ruling on evidence admissibility.