Rule 5-615 - Exclusion of Witnesses(a)In General. Except as provided in sections (b) and (c) of this Rule, upon the request of a party made before testimony begins, the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses. When necessary for proper protection of the defendant in a criminal action, an identification witness may be excluded before the defendant appears in open court. The court may order the exclusion of a witness on its own initiative or upon the request of a party at any time. The court may continue the exclusion of a witness following the testimony of that witness if a party represents that the witness is likely to be recalled to give further testimony. Cross reference: For circumstances when the exclusion of a witness may be inappropriate, see Tharp v. State, 362 Md. 77 (2000).
(b)Witnesses Not to Be Excluded. A court shall not exclude pursuant to this Rule (1) a party who is a natural person,(2) an officer or employee of a party that is not a natural person designated as its representative by its attorney,(3) an expert who is to render an opinion based on testimony given at the trial,(4) a person whose presence is shown by a party to be essential to the presentation of the party's cause, such as an expert necessary to advise and assist counsel, or(5) a victim of a crime or a delinquent act, including any representative of such a deceased or disabled victim, to the extent required by statute. Cross reference: Code, Courts Article, § 3-8A-13; Criminal Procedure Article, § 11-102 and § 11-302; Rule 4-231.
(c)Permissive Non-Exclusion. The court may permit a child witness's parents or another person having a supportive relationship with the child to remain in court during the child's testimony. Cross reference: For the Court Dog Program, see Code, Courts Article, § 9-501.
(d) Nondisclosure.(1) A party or an attorney may not disclose to a witness excluded under this Rule the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness's absence.(2) The court may, and upon request of a party shall, order the witness and any other persons present in the courtroom not to disclose to a witness excluded under this Rule the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness's absence.(e)Exclusion of Testimony. The court may exclude all or part of the testimony of the witness who receives information in violation of this Rule. This Rule is derived from F.R.Ev. 615 and Rules 2-513, 3-513, and 4-321.
Adopted Dec. 15, 1993, eff. 7/1/1994. Amended Jan. 20, 1999, eff. 7/1/1999; 1/8/2002, eff. 2/1/2002; 5/8/2007, eff. 7/1/2007; amended March 30, 2021, eff. 7/1/2021; amended Feb. 9, 2022, eff. 4/1/2022.HISTORICAL NOTES
2002 Orders
The January 8, 2002, order amended the cross references following sections (a) and (b).
2007 Orders
The May 8, 2007, order rewrote subsection (b)(5) and added to the cross reference following (b)(5). Previously subsection (b)(5) read:
"(5) a victim of a crime of violence or the representative of such a deceased or disabled victim to the extent required by statute."