In a federal civil trial, the plaintiff's attorney requests that the court exclude all of the defendant's non-party witnesses from the courtroom during the testimony of other witnesses. The defendant's counsel objects, arguing that the decision to exclude witnesses is entirely at the court's discretion. How should the court rule on the plaintiff's request?
Grant the request, because the court must exclude witnesses upon a party's request.
Deny the request, because excluding witnesses would violate the defendant's due process rights.
Deny the request, because the decision to exclude witnesses is always discretionary.
Grant the request only if the plaintiff can demonstrate a specific reason to believe the witnesses will tailor their testimony.
The court must grant the request. Under Federal Rule of Evidence (FRE) 615, the court must order witnesses excluded at a party's request so that they cannot hear other witnesses' testimony. While the court may also exclude witnesses on its own motion, the rule is mandatory when requested by a party, not discretionary. The exceptions to this rule (e.g., for a party, a designated officer of a corporate party, or a person essential to presenting a claim) do not apply to the general non-party witnesses in this scenario.
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