Also known as:res corporalis · corporeal things · tangible things
Written by attorneys · grounded in primary & secondary sources — see below
Tangible things perceptible to the senses. Such things include physical objects that can be touched or seen and stand in contrast to incorporeal rights or interests.
Sources & Authorities
How it applies
Common Examples
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Subpoena Response Description
Roberto Reyes received a subpoena demanding production of certain physical prototypes and design models. When withholding some items on privilege grounds, his counsel described the prototypes as three-dimensional physical objects used in product testing without disclosing their contents. This description allowed the requesting party to evaluate the claim while protecting any protected information.
Protective Order for Physical Exhibits
Regina Robinson sought a protective order limiting dissemination of physical documents and models produced in discovery. The court recognized these items as tangible things subject to the order because they could be handled and examined directly. The ruling prevented public release while allowing the parties to prepare their cases.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Restatements
Dictionaries
Seattle Times Co. v. Rhinehart467 U.S. 20, 32–33, 36 (1984)
Admission of Tangible Evidence
Ravi Reddy offered a physical weapon into evidence at trial. The prosecution argued that alternative proof of its characteristics would avoid unfair prejudice. The court weighed whether the tangible object itself was necessary to establish the elements of the offense.
Old Chief v. United States (II)519 U.S. 172 (1997)
Work Product on Physical Notes
Rosalind Reed's investigator prepared handwritten notes describing the condition of physical evidence at a crash site. The defense sought production of those notes. The court examined whether the notes reflected protected mental impressions concerning tangible items collected during the investigation.
United States v. Nobles422 U.S. 225, 236-240 (1975)
Expectation of Privacy in Tangible Items
Raymond Ramos placed personal effects inside a closed container. Officers opened the container without a warrant. The court considered whether Ramos held a reasonable expectation of privacy in the tangible things contained inside.
Katz v. United States389 U.S. 347, 361 (1967)
Discovery of Witness Statements
Ricardo Rojas requested copies of statements taken from witnesses who had examined physical wreckage from an accident. The producing party resisted on work-product grounds. The court evaluated whether the statements concerned tangible things that could be obtained through other means.
Hickman v. Taylor329 U.S. 495, 507 (1949)
Common questions
Frequently Asked
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What distinguishes res corporales from incorporeal things?+
Res corporales are tangible objects that can be touched or perceived by the senses. Incorporeal things are intangible rights or interests that cannot be physically handled.
How does the concept apply when a subpoena seeks production of physical items?+
A party withholding tangible things under a privilege claim must describe their nature without revealing protected information so the requesting party can assess the claim.
Does the term cover items such as crops or equipment in secured transactions?+
Yes. Growing crops and other movable physical objects qualify as goods that are tangible things subject to Article 9 security interests.
Can physical harm to res corporales support a tort claim?+
Physical impairment of tangible things such as personal property constitutes physical harm that can give rise to liability when caused by another's conduct.
329 U.S. 495 (1949)Evidence
…any other party, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things.[^maj-7] The matter is not without difficulty in light of the events that transpired below. We believe, however, that petitioner was proceeding primarily under Rule 33. He addressed simple…