Legal Definitions - approach

In a courtroom setting, approach refers to the act of moving physically closer to specific designated areas within the court, such as the judge's bench, the witness stand, or the jury box. This action typically requires the judge's explicit permission. Attorneys often request to approach these areas to conduct private discussions, present evidence, or clarify points without disrupting the formal proceedings or revealing sensitive information to the jury.

• Example 1: Approaching the Bench for a Private Discussion

  During a heated cross-examination, the defense attorney believes the prosecutor is asking a question that has already been ruled inadmissible by the judge. Instead of making a loud objection that might influence the jury, the defense attorney quietly states, "Your Honor, may I approach the bench?" Once permission is granted, both attorneys and the judge engage in a hushed conversation at the side of the bench, out of the jury's hearing, to discuss the permissible scope of the questioning. This illustrates an attorney approaching the bench to have a private discussion with the judge and opposing counsel, ensuring sensitive legal arguments are handled discreetly.

• Example 2: Approaching a Witness to Present Evidence

  A prosecutor is questioning a witness about a crucial piece of evidence – a detailed financial ledger. To ensure the witness can accurately identify specific entries and to allow the jury to follow along, the prosecutor asks, "Your Honor, may I approach the witness with this exhibit?" After receiving permission, the prosecutor walks to the witness stand and places the ledger directly in front of the witness, allowing for clear identification and discussion of the relevant figures. Here, approaching the witness allows the attorney to present physical evidence directly to the person testifying, facilitating their testimony and the jury's understanding.

• Example 3: Approaching the Jury with a Visual Aid

  In a medical malpractice case, the plaintiff's attorney wants to demonstrate the complex anatomy involved in the surgery using a large, anatomical model of the human spine. After the model has been admitted as evidence, the attorney requests, "Your Honor, with your permission, I'd like to approach the jury to briefly show them the model up close." Once approved, the attorney carefully walks along the front of the jury box, holding the model so each juror can get a clear, detailed view of the affected area. This scenario demonstrates approaching the jury to provide them with a closer, more detailed view of a physical exhibit, which can be crucial for their comprehension of complex evidence.