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Idaho R. Evid. 615

Excluding Witnesses

activein force · 2018-07-01 – presentact-effective-date

(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.

History

(Adopted March 26, 2018, effective July 1, 2018.)

Provenance

Source
isc.idaho.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
215f5ea00c15bceef17a7e277fd0ab345e5f300e603f785f36fe91a1df62efc1
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Idaho R. Evid. 615 — Excluding Witnesses · binding.law