Also known as: views · viewer · viewers · viewed · viewing · inspection
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding in which the jury or judge travels outside the courtroom to observe a place or object material to the case that cannot feasibly be produced in court. The tribunal inspects the site or item under controlled conditions to aid understanding of testimony or tangible evidence. Procedures for conducting a view are typically governed by statute or court rule.
Vincent Vale stands trial for burglary of Veronica Villanueva's dwelling. The prosecutor moves for a view of the rear door so the jury can observe the latch and frame. The court grants the view after finding that the location cannot be adequately reproduced in the courtroom.
Venture Holdings sues Voss Shipping for breach of a detailed supply agreement. The court orders a view of the parties' offices so the jury can observe the physical files and storage conditions surrounding the executed documents. The view aids the jury in assessing whether the writing appears complete on its face.
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Vera Vu sues Vega Motors after a vehicle component fails. The trial judge orders a view of the assembled chassis at the manufacturer's plant so the jury can examine the manufacturing process and any discoverable defects. The view allows the jury to assess the condition without removing the vehicle from the facility.
Victor Vargas challenges a state levy on imported goods under Article I. The court conducts a view of the port facility to observe the inspection process and the physical flow of the taxed items. The view assists the court in determining whether the charge qualifies as an inspection fee rather than an unconstitutional impost.
Viola Volkov moves to compel inspection of a construction site in a contract dispute. The court orders a view of the premises so the jury can evaluate the disputed work in person. The view occurs before expert depositions begin and supplements the record created by testimony.
Villanueva Construction, a junior mortgagee, obtains appointment of a receiver for a distressed apartment building. The court orders a view of the property so the receiver can document current rents and maintenance needs. The view establishes the baseline condition and supports the junior receiver's claim to pre-appointment rents.
A court may order a view when the place or object cannot feasibly be brought into the courtroom or satisfactorily reproduced by other evidence. The decision rests in the trial judge's discretion and is typically authorized by statute or inherent power. The view supplements rather than replaces the record created by testimony and exhibits.
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At common law and in many jurisdictions today the trial judge's presence is not required. State statutes or court rules usually prescribe the procedures, including whether the judge must attend. Parties and counsel are often permitted to be present, though that too is frequently left to the judge's discretion.
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The view itself is not evidence but an aid to understanding the evidence. Courts therefore encourage the use of diagrams, photographs, or video taken during the view so that the appellate record accurately reflects what the jury observed. Without such documentation the appellate court may have difficulty reviewing any claim of error arising from the view.
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An objection that a view is merely cumulative is unlikely to succeed if the site or object cannot be adequately conveyed by testimony or photographs. The decision to order a view lies within the trial court's discretion and will be reversed only for abuse of that discretion.
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…into the habit of repeating this doctrine as a convenient mode of brushing aside the law of a State in conflict with their views. And I confess that, moved and governed by the authority of the great names of those judges, I have, myself, in many instances, unhesitatingly and confidently, but I think now erroneously,…