(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.
Rule 2:615.EXCLUSION OF WITNESSES (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).
Part Two: Virginia Rules of Evidence · Last amended 2023 · Last verified July 16, 2026
In one sentenceRule 2:615 requires a court to exclude witnesses on any party’s motion, with narrow exemptions for named parties, one entity representative, certain habeas attorneys, and unlawful-detainer managing agents, allows one expert per side to remain under specified conditions, and generally lets a crime victim remain unless presence would impair a fair trial.
Full Text of Rule 2:615
(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.
Plain-English Summary
Rule 2:615 governs witness sequestration — keeping witnesses who have not yet testified out of the courtroom so their testimony is not shaped by hearing others testify first. Subdivision (a) makes exclusion available on the court’s own motion in a civil or criminal case, and mandatory on any party’s motion, reaching every witness including police officers and other investigators. The court may go further and order that excluded witnesses be kept separate from one another. Four categories are exempt from exclusion as a matter of right: each named individual party; one officer or agent representing a party that is a corporation, partnership, limited liability entity, association, governmental agency, or other entity; an attorney alleged in a habeas corpus proceeding to have provided ineffective assistance; and, in an unlawful detainer action filed in general district court, a managing agent as defined by Code § 55.1-1200.
Subdivision (b) carves out room for expert witnesses. Where experts are to testify, the court may — at the request of all parties — allow one expert witness per party to remain in the courtroom throughout. In cases involving the distribution of marital property under Code § 20-107.3 or determining child or spousal support under Code § 20-108.1, the court has broader authority: it may allow one expert witness per party to remain throughout the hearing on the motion of any single party, without needing every party’s agreement.
Subdivision (c) protects a crime victim’s presence. Any person who qualifies as a victim under Code § 19.2-11.01 and is to be called as a witness may remain in the courtroom and may not be excluded, unless the court determines under Code § 19.2-265.01, in its discretion, that the victim’s presence would impair the conduct of a fair trial. That default favors keeping the victim present, reversing the general exclusion rule that applies to other witnesses.
Frequently Asked Questions
Can a party in a Virginia case ask the court to remove other witnesses from the courtroom before they testify?
Yes. Rule 2:615(a) makes exclusion of every witness mandatory once any party moves for it, and the court may also order excluded witnesses kept separate from one another.
Who is exempt from being excluded from the courtroom as a matter of right?
Rule 2:615(a) exempts each named individual party, one officer or agent of a party that is a corporation or other entity, an attorney alleged in a habeas corpus proceeding to have acted ineffectively, and, in general district court unlawful detainer actions, a managing agent as defined in Code § 55.1-1200.
Can expert witnesses stay in the courtroom to hear other testimony?
Rule 2:615(b) allows the court, at the request of all parties, to permit one expert witness per party to remain, and in marital property or child or spousal support cases, the court may allow this on the motion of any single party.
Can a crime victim be excluded from the courtroom while other witnesses testify?
Generally no. Rule 2:615(c) lets a victim as defined in Code § 19.2-11.01 remain in the courtroom unless the court determines, under Code § 19.2-265.01, that the victim’s presence would impair a fair trial.
Does Rule 2:615’s exclusion rule apply to police officers investigating the case?
Yes. Rule 2:615(a) specifically includes police officers and other investigators among the witnesses subject to exclusion.
Amendment History
Adopted and promulgated by Order dated June 1, 2012. Last amended by Order dated June 23, 2023; effective July 1, 2023.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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