Legal Definitions - Permission to approach the witness

In a courtroom, when an attorney needs to move from their designated spot (usually the attorney's table) closer to the witness who is giving testimony on the stand, they must first ask the judge for permission to approach the witness. This procedural request is a matter of courtroom decorum and allows the judge to maintain control over the proceedings and the physical space within the courtroom. It ensures that any movement by an attorney is done with the court's explicit approval.

Here are a few scenarios where an attorney would typically request permission to approach the witness:

• Presenting a Physical Exhibit: Imagine a trial where a prosecutor wants to show a witness a specific piece of evidence, such as a weapon or a signed contract, for identification or further questioning. The attorney would say, "Your Honor, may I approach the witness?" Once permission is granted, they would walk to the witness stand to hand the exhibit to the witness, ensuring the witness can properly examine it while answering questions.

  This illustrates the term because the attorney needs to physically move from their table to the witness stand to present an item, requiring the judge's prior approval.

• Pointing to Details on a Large Visual Aid: During testimony, an attorney might be questioning a witness about a complex diagram, a large map, or a detailed blueprint that is displayed on an easel near the witness stand. To effectively point out specific locations, features, or data points on the visual aid for the witness to discuss, the attorney would request, "Permission to approach the witness, Your Honor?" This allows them to stand closer to the exhibit and the witness to facilitate clear communication about the visual information.

  This demonstrates the term as the attorney's movement towards the witness and the visual aid requires the court's consent to maintain order and focus during the examination.

• Reviewing Multiple Documents or Photographs: Suppose an attorney is questioning an expert witness about a series of X-rays or a collection of photographs that are laid out on a small table next to the witness stand. To review these items collaboratively with the witness, perhaps pointing to specific anomalies or details across several images, the attorney would ask for permission to approach. This enables them to stand alongside the witness and guide them through the various exhibits more effectively than from a distance.

  This example highlights the term's application when an attorney needs to be in close proximity to the witness to jointly examine multiple items that are part of the evidence, emphasizing the need for judicial oversight of such movements.