Are witnesses in a deposition protected from self-incrimination when providing real evidence?

Witnesses in a deposition are indeed afforded specific protections when it comes to self-incrimination, and this involves a distinction between different types of evidence. Testimonial evidence, which is what witnesses provide when they answer questions about their knowledge or opinions, is protected under the Fifth Amendment right against self-incrimination. This means that if a witness's testimony could potentially incriminate them in a criminal matter, they have the right to refuse to answer those questions to avoid self-incrimination.

However, real evidence, which refers to physical objects or documents that are presented for examination, is not protected in the same way. This type of evidence does not involve the witness providing testimony that could be self-incriminating, as it is simply a matter of presenting something that exists. In this case, self-incrimination protections do not apply because the witness is not being asked to provide a subjective narrative that exposes them to legal liability.

Therefore, the correct understanding is that only testimonial evidence—where a witness is explicitly providing information or personal knowledge—comes under the protection against self-incrimination, while real evidence is subject to different rules and does not carry the same level of constitutional protection.