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Va. R. Evid. 2:615

Exclusion of Witnesses

activein force · 2023-07-01 – presentact-effective-date

(a) The court, in a civil or criminal case, may on its own motion and must on the motion of

any party, require the exclusion of every witness including, but not limited to, police officers or

other investigators. The court may also order that each excluded witness be kept separate from

all other witnesses. But (i) each named party who is an individual, (ii) one officer or agent of

each party which is a public or private corporation, partnership, limited liability entity,

association, governmental agency, or other entity, (iii) an attorney alleged in a habeas corpus

proceeding to have acted ineffectively, and (iv) in an unlawful detainer action filed in general

district court, a managing agent as defined in § 55.1-1200, are exempt from the exclusion as a

matter of right.

(b) Where expert witnesses are to testify in the case, the court may, at the request of all

parties, allow one expert witness for each party to remain in the courtroom; however, in cases

pertaining to the distribution of marital property pursuant to § 20-107.3 or the determination of

child or spousal support pursuant to § 20-108.1, the court may, upon motion of any party, allow

one expert witness for each party to remain in the courtroom throughout the hearing.

(c) Any victim as defined in Code § 19.2-11.01 who is to be called as a witness may remain in

the courtroom and may not be excluded unless pursuant to Code § 19.2-265.01 the court

determines, in its discretion, that the presence of the victim would impair the conduct of a fair

trial.

History

Derivation: (Rule 2:615(a) derived from Code §§ 8.01-375, 19.2-184, and 19.2-265.1; Rule 2:615(b) derived from Code § 8.01-375; and Rule 2:615(c) derived from Code § 19.2-265.1) Adopted and promulgated by Order dated June 1, 2012. Last amended by Order dated June 23, 2023; effective July 1, 2023.

Provenance

Source
www.vacourts.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
7170a8d9416beecbf612898a985acefe22edf1c6c46dcaa3632e3f901c5c89f1
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Va. R. Evid. 2:615 — Exclusion of Witnesses · binding.law