Spring v. Bradford

OPINION

CATTANI, Judge:

¶ 1 In this appeal, we consider whether and how the rule of exclusion of witnesses under Rule 615 of the Arizona Rules of Evidence applies to expert witnesses. We hold that, by its terms, Rule 615 does not automatically exempt expert witnesses from exclusion. The superior court may, however, exercise its discretion under subsection (c) of the rule—an exemption for “essential” witnesses—to allow an expert witness to observe other testimony (or to review transcribed testimony).

¶ 2 The defendant doctor in this medical malpractice case did not request that his expert…