MIDLANDS RULES OF EVIDENCE / TUTORIALOUTLET DOT COM MIDLANDS RULES OF EVIDENCE / TUTORIALOUTLET DOT CO | Page 20

Calling and/or examining of a witness by the court is not allowed. Rule 615. Excluding Witnesses. At a party’s request, the court must order witnesses constructively excluded so that they cannot hear other witnesses’ testimony. But this rule does not authorize constructively excluding: (a) a party who is a natural person; (b) an officer or employee of a party that is not a natural person, after being designated as the party’s representative; (c) omitted; or (d) a person authorized by a statute provided in the case materials to be present. Comment: This rule does not permit the actual exclusion of students portraying witnesses. Rather, it allows for the constructive exclusion of some witnesses. Article VII. Rule 701. Opinion Testimony by Lay Witnesses If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue;