It is important to keep track of trial exhibits as they are entered. The key information to record is as follows:
- Exhibit number;
- The party who introduced the exhibit;
- The date of the exhibit; and
- A description of the exhibit.
You can easily set up an exhibit list on a page of paper or print off our precedent Exhibit List.
A lettered exhibit (Exhibit A, Exhibit B, Exhibit C and so on) is generally used for reference purposes and is not evidence at trial. A numbered exhibit (Exhibit 1, Exhibit 2, Exhibit 3) is generally used for trial exhibits that are part of the trial evidence.
A joint trial document brief may be introduced as a single exhibit and then the tabs may be referenced during the trial as in, for example “Exhibit 1, Tab 10”.
Items marked for identification are those that are shown to a witness for comment and later formally entered as an exhibit by another witness who has first hand knowledge of the document. A document marked for identification usually becomes a lettered exhibit (A, B, C) and when it is later formally introduced it becomes a numbered exhibit (1, 2, 3).
For Jury trials, a numbered exhibit is part of the trial record that will go to the Jury during deliberations. A lettered exhibit will not be provided to the Jury.
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