Litigation

Depositions: The "Show Him the Document" Objection

By Evan Schaeffer

The show-him-the-document objection goes something like this:

Objection! You're asking the witness a question about a document you're holding in your hand. If you're going to ask questions about it, show it to the witness.

Is it a valid objection? No. You are entitled to ask what the witness knows about events or occurrences or anything at all without showing him documents first. Later you might decide to show the witness the document--to impeach the witness's recollection, for example, or to refresh the witness's memory if he has no recollection--but you don't have to show him the document first.

Questions about documents might be objectionable for other reasons, in which case other objections might apply. A question "did you sign a memorandum dated 12/11/05," put to a witness while you are looking at  the memorandum, might lack foundation and be vague. But it's not objectionable because you're holding the document in your hand and the witness can't see it.

The show-him-the-document objection? Ignore it and have the witness answer.

Full post as published by The Illinois Trial Practice Blog on January 31, 2008 (boomark / email).