Deposition Exhibits: FAQ Guide
Deposition exhibits require specific preparation and handling. This guide answers common questions about marking, sharing, and managing exhibits during witness examinations.
Frequently Asked Questions
Should I pre-mark deposition exhibits or mark them during the deposition?
Pre-marking is recommended when you know which documents you will use. It saves time, allows better organization, and lets you share the exhibit list with opposing counsel in advance. However, you may still need to mark additional exhibits during the deposition as testimony develops.
What numbering convention should I use for deposition exhibits?
Deposition exhibits typically use "Deposition Exhibit 1, 2, 3" regardless of party. Some attorneys use the deponent's name as prefix: "Smith Depo Ex. 1". If exhibits will later be used at trial, consider using trial exhibit numbers to avoid confusion and re-marking.
How do I handle exhibits in remote depositions?
For remote depositions, share exhibits electronically via the video platform or dedicated exhibit-sharing software. Pre-mark all exhibits as PDFs. Email exhibit packages to counsel and the court reporter in advance. Some platforms like Remote Legal allow real-time exhibit marking during testimony.
Who marks exhibits at a deposition—the attorney or court reporter?
Traditionally, the court reporter applies physical stickers, but the examining attorney identifies and introduces each exhibit. For digital depositions, attorneys often pre-mark exhibits electronically. The court reporter maintains the official exhibit log regardless of who applies the mark.
Can deposition exhibits be used at trial?
Yes, deposition exhibits can be introduced at trial if properly authenticated. You may need to re-mark them with trial exhibit numbers (converting "Depo Exhibit 1" to "Plaintiff's Exhibit 1"). Some attorneys use trial numbers from the start to avoid re-marking.
How many copies of exhibits do I need for a deposition?
Minimum: one for the witness, one for the court reporter, one for opposing counsel, and one for yourself. Bring extras for additional counsel or parties. For remote depositions, distribute electronic copies in advance and have the witness confirm access before testimony.
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