Legal Definitions - approach the witness

The legal term approach the witness describes the formal procedure where an attorney moves from their designated counsel table towards the witness stand during a trial or hearing. This action is typically undertaken to present a document, photograph, or physical object (known as an exhibit) directly to the witness. The purpose is usually for the witness to identify, examine, or refer to the item as part of their testimony. In many jurisdictions, an attorney must first ask the judge for explicit permission before approaching the witness.

Here are some examples illustrating how this term applies in a courtroom setting:

• Imagine a civil trial where a plaintiff's attorney wants the defendant to confirm their signature on a crucial contract. The attorney would first say, "Your Honor, may I approach the witness with Exhibit A?" Once the judge grants permission, the attorney would walk to the witness stand, place the contract before the defendant, and then ask, "Is this your signature on page three of this document?" This demonstrates the attorney approaching to present a document for identification.

• Consider a criminal case where the prosecutor needs an eyewitness to identify a specific item of clothing worn by a suspect. The prosecutor would request, "Permission to approach the witness with Exhibit 2, the jacket found at the scene?" After receiving the judge's approval, the prosecutor would carry the jacket to the witness stand, allowing the witness to inspect it closely and confirm if it matches what they observed. This illustrates approaching the witness to present physical evidence.

• In a property dispute, an attorney might want an expert witness to explain a complex land survey map. The attorney would ask, "May I approach the witness with Exhibit C, the survey map?" Once permission is granted, the attorney would move to the witness stand, unroll the map, and ask the expert to point out specific boundary lines or topographical features to the jury. This exemplifies approaching the witness to facilitate testimony using a visual aid.