Evidence Preparation Checklist
Complete pre-trial checklist for organizing exhibits, coordinating with witnesses, and meeting court deadlines. Never miss a critical step.
- Evidence preparation for trial should begin 4 to 6 weeks before the trial date, starting with a master inventory of all potential exhibits.
- Exhibit stamps should be applied 2 to 3 weeks before trial to leave time for review and changes.
- Check the case order and applicable rules for exhibit identification, exchange, and filing deadlines. These can be different dates. Record each required recipient and format, and leave time to review any corrected copies.
- Confirm how many exhibit sets the judge requires; a common practice is separate sets for the clerk, the witness stand, opposing counsel and your own working copy.
- Voluminous records can be condensed into summary exhibits under Federal Rule of Evidence 1006.
- Common exhibit organization methods are chronological, by authenticating witness, by topic, or in planned order of introduction.
- Trial binders should be assembled one week before trial with a table of contents, tabbed dividers, and witness-specific sections.
Trial Preparation Timeline
4 Weeks Before Trial
- Inventory all potential exhibits from discovery
- Review depositions for marked exhibits
- Compile expert reports and demonstratives
- Identify missing documents—subpoena if needed
3 Weeks Before Trial
- Plan authentication witness for each exhibit
- Identify self-authenticating documents
- Review opposing party's exhibit list
- Prepare motions in limine for questionable exhibits
2 Weeks Before Trial
- Assign exhibit numbers/letters
- Apply exhibit stamps to all documents
- Create master exhibit list
- Organize by witness or chronologically
Per Your Court's Rules
- Exchange exhibit lists with opposing counsel
- File exhibit list with court if required
- Serve formal pretrial disclosures
- Object to opposing exhibits if needed
1 Week Before Trial
- Prepare trial binders with TOC
- Create witness-specific exhibit tabs
- Make copies for court, counsel, witness
- Test electronic presentation systems
Day Before Trial
- Final review of all exhibits
- Verify courtroom technology
- Pack backup copies
- Organize impeachment materials
Printable Evidence Checklist
Types of Exhibits to Prepare
Documentary Evidence
- Contracts and agreements
- Correspondence (emails, letters)
- Business records
- Financial documents
- Medical records
- Government records
Demonstrative Aids
- Charts and timelines
- Diagrams and maps
- Summaries (FRE 1006)
- Animations or simulations
- Enlargements for jury
Photographs & Media
- Scene photographs
- Surveillance video
- Audio recordings
- Social media posts
- Website screenshots
Expert Materials
- Expert reports
- Supporting data and studies
- Visual aids for testimony
- Demonstrative models
How Many Copies?
1 set
Court Clerk
Original for the record
1 set
Witness Stand
For witness examination
1 set
Opposing Counsel
Courtesy copy
1-2 sets
Your Table
Working copy
For jury trials, prepare additional courtesy copies for deliberation (check local rules).
Common Evidence Preparation Mistakes
Time Estimates for Exhibit Prep
Simple Case
10-25 exhibits
4-8 hours total
Medium Case
25-75 exhibits
12-24 hours total
Complex Case
75+ exhibits
40+ hours total
ExhibitPrep reduces stamping time by 80%—50 exhibits in 15 minutes vs. 2-3 hours manually.
Ready to Prepare Your Exhibits?
Stamp exhibits, create trial binders, and generate tables of contents—all in one session.
Evidence Preparation FAQ
When should I start preparing trial exhibits?
Start 4-6 weeks before trial. Begin with inventorying all potential exhibits and planning authentication. Apply exhibit stamps 2-3 weeks before trial to allow time for review and changes. Exchange exhibit lists by the deadline in your court's rules or pretrial order. Prepare trial binders the week before. Rushing exhibit preparation leads to missing documents and authentication failures.
How many copies of exhibits do I need for trial?
Prepare copies for the court clerk, the witness stand, opposing counsel and your own working set, and confirm the number the judge requires. For jury trials, consider courtesy copies for jurors during deliberation (check local rules). Some courts may require exhibits to be pre-filed electronically. Always bring backup copies—exhibits get lost during busy trials.
How should I organize exhibits for trial?
Common organization methods: (1) Chronological—best for timeline-driven cases, (2) By witness—group exhibits each witness will authenticate, (3) By topic/issue—for complex cases with multiple claims, (4) In order of introduction—if you know your presentation order. Use tabbed dividers and slipsheets to separate categories. Include a table of contents for quick reference during trial.
What is a trial binder and what goes in it?
A trial binder is an organized collection of exhibits and reference materials for use during trial. Contents typically include: (1) exhibit list and table of contents, (2) all stamped exhibits with tabs, (3) witness outlines with exhibit references, (4) key deposition excerpts, (5) important pleadings and motions in limine, (6) jury instructions, (7) contact information. Some attorneys create separate binders for witnesses and exhibits.
When do I need to exchange exhibit lists with opposing counsel?
Check the case order and applicable rules for exhibit identification, exchange, and filing deadlines. These can be different dates. Record each required recipient and format, and leave time to review any corrected copies.
How do I handle voluminous exhibits?
For large document sets: (1) Consider summary exhibits under FRE 1006 to condense voluminous records, (2) Use sub-numbering (1.1, 1.2, 1.3) for related documents, (3) Create exhibit binders by category with slipsheet dividers, (4) Prepare a digital exhibit database for quick search, (5) File a motion regarding exhibit handling if needed. Alert the court early about voluminous exhibits—some have special procedures.
What exhibits should I bring but may not offer?
Prepare more exhibits than you plan to use. Bring: (1) impeachment documents for cross-examination, (2) rebuttal exhibits responding to anticipated defense, (3) backup exhibits if primary ones are excluded, (4) documents referenced in depositions you may read, (5) prior statements of witnesses. Having these ready prevents scrambling mid-trial. Mark them for identification but only offer if needed.
How do I prepare electronic exhibits for trial?
For electronic presentation: (1) Test all technology before trial—courtroom screens, your laptop, connection cables, (2) Convert exhibits to PDF for consistent display, (3) Create a digital exhibit folder matching your physical binder, (4) Have USB backup of all files, (5) Prepare video/audio exhibits in court-compatible formats, (6) Coordinate with court staff on equipment. Always have paper backup—technology fails.