Excluding witnesses

At a party’s request, the military judge must order witnesses excluded so that they cannot hear other witnesses’ testimony, or the military judge may do so sua sponte. This rule does not authorize excluding: (a) the accused; (b) a member of an Armed service or an employee of the United States after being designated as a representative of the United States by trial counsel; (c) a person whose presence a party shows to be essential to presenting the party’s case; (d) a person authorized by statute to be present; or III-41 (e) a victim of an offense from the trial of an accused for that offense, unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that hearing or proceeding. SECTION VII OPINIONS AND EXPERT TESTIMONY