Deposition Exhibits: FAQ Guide
Deposition exhibits call for careful preparation and handling. This guide answers common questions about marking, sharing, and managing exhibits during witness examinations.
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Frequently Asked Questions
Should I pre-mark deposition exhibits or mark them during the deposition?
Confirm the marking procedure with the reporter and participants before the deposition. Prepare readable copies in the agreed order and allow for additional exhibits. Keep an unmarked source copy so a change in numbering does not require stamping over an earlier stamp.
What numbering convention should I use for deposition exhibits?
Use the sequence agreed for that deposition or case. Do not assume a new witness, party, or session restarts numbering. Enter the agreed prefix and starting labels, then compare the finished set with the reporter’s exhibit list.
How do I handle exhibits in remote depositions?
Agree on how exhibits will be introduced and shared. Test access to a sample file before the session and keep a backup delivery method. Share only the documents intended for the participants through the agreed service; ExhibitPrep prepares files but is not a live deposition-sharing system.
Who marks exhibits at a deposition—the attorney or court reporter?
Confirm this with the reporter and counsel. A prepared digital label does not replace the reporter’s record or the agreed introduction procedure. Check that the label displayed to the witness matches the identifier recorded for the deposition.
Can deposition exhibits be used at trial?
Possible trial use depends on the applicable evidence rules and court orders, not the presence of a stamp. Preserve the deposition identifier and maintain a cross-reference if the trial uses a different label. Confirm any need to relabel before changing an already-circulated document.
How many copies of exhibits do I need for a deposition?
Ask the reporter and participants which paper or electronic copies are needed. Check access for the witness, reporter, and participating counsel, including any additional parties. The needed number varies; a generic minimum may not cover your deposition.
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