- Federal Rules of Civil Procedure 26 (FRCP 26) (opens in a new tab)
Federal discovery and initial disclosure requirements
- Federal Rules of Evidence 901 (FRE 901) (opens in a new tab)
Federal requirements for authenticating evidence
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Federal vs State Exhibit Requirements
Key differences between federal (FRCP) and state court rules for exhibit marking, disclosure deadlines, e-filing, and authentication. Know which rules apply to your case.
- Federal courts typically label plaintiff exhibits PX-1, PX-2 and defendant exhibits DX-1, DX-2, with GX-1 used for government exhibits in criminal cases.
- Most state courts use numbers (1, 2, 3) for plaintiff exhibits and letters (A, B, C) for defendant exhibits.
- Texas departs from the usual state convention: both parties use numbers, commonly 1-100 for plaintiffs and 101+ for defendants.
- FRCP 26(a)(3) requires parties to disclose trial exhibits at least 30 days before trial, with objections due within 14 days after disclosure.
- Check your court's CM/ECF filing requirements and file-size limit.
- Federal courts authenticate exhibits under Federal Rules of Evidence 901-903, while state courts apply their own evidence codes, which often mirror the FRE.
- In both federal and state court, the judge's scheduling order deadlines supersede default rule deadlines.
| Aspect | Federal Courts | State Courts |
|---|---|---|
| Governing Rules | FRCP, FRE, Local District Rules | State Rules of Procedure, State Evidence Code, Local County Rules |
| Exhibit Labeling | PX-1, PX-2 (Plaintiff) DX-1, DX-2 (Defendant) | Numbers 1, 2, 3 (Plaintiff) Letters A, B, C (Defendant) |
| Disclosure Deadline | 30 days before trial (FRCP 26(a)(3)) | Varies: 7-30 days (per state rule or scheduling order) |
| E-Filing System | CM/ECF (required for represented parties unless paper filing is allowed) | Varies by state (eFileTexas, NYSCEF, File & ServeXpress, etc.) |
| Authentication | FRE 901-903 | State Evidence Code (often similar to FRE) |
| Uniformity | Consistent across 94 districts | Varies significantly between states and counties |
Exhibit Labeling Conventions
Federal Courts
- Plaintiff: PX-1, PX-2, PX-3... or P-1, P-2
- Defendant: DX-1, DX-2, DX-3... or D-1, D-2
- Government: GX-1, GX-2 (criminal cases)
- Check local district rules for variations
State Courts
- Plaintiff: Exhibit 1, Exhibit 2, Exhibit 3...
- Defendant: Exhibit A, Exhibit B, Exhibit C...
- Texas exception: Both use numbers (1-100 / 101+)
- Local county rules may override state standards
E-Filing Requirements
Federal CM/ECF
- Required for represented parties unless the court allows paper filing
- Unified system across 94 districts
- 35MB file size limit (typically)
- PACER access for filed documents
State Systems
- Different system per state
- Some counties still accept paper
- File size limits vary (10-50MB)
- Registration requirements differ
Critical Differences to Remember
Label Format Matters
Using state-style labels (Exhibit 1) in federal court or federal-style (PX-1) in state court may confuse the court. Match your jurisdiction.
Local Rules Override
Both federal districts and state counties may have local rules that modify standard procedures. Always check local rules for your specific court.
Scheduling Orders Control
In both systems, the judge's scheduling order deadlines supersede default rule deadlines. Check your case-specific order first.
Stamp Exhibits for Any Court
ExhibitPrep includes templates for both federal (PX/DX) and state (numbers/letters) conventions. Select your court type and stamps are formatted correctly.
Start Stamping NowFree to preview • Templates for federal & all 50 states
Before you file
ExhibitPrep formats documents. It does not provide legal advice, submit filings, or determine whether evidence is admissible or a filing meets court requirements.
Some guidance has not been verified against current official sources. A citation supports only its stated claim and scope. Compare the finished PDF with current court instructions and orders in your case. Follow the filing review checklist.
Frequently Asked Questions
What is the difference between federal and state exhibit rules?
Federal courts follow the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Evidence (FRE), which apply uniformly across all 94 federal district courts. State courts follow their own state-specific rules, which vary significantly between jurisdictions. Key differences include exhibit labeling conventions (federal uses PX/DX prefixes while states use numbers/letters), disclosure timelines (FRCP 26(a) vs state-specific rules), and authentication requirements under FRE 901 vs state evidence codes.
How are exhibits marked in federal court vs state court?
Federal courts typically use alphanumeric prefixes: PX-1, PX-2 for plaintiff exhibits and DX-1, DX-2 for defendant exhibits. Some districts use P-1/D-1 or Plaintiff Exhibit 1. State courts generally use numbers (1, 2, 3) for plaintiffs and letters (A, B, C) for defendants. Texas is unique in using numbers for both parties (1-100 for plaintiffs, 101+ for defendants). Always check local court rules for your specific jurisdiction.
What is the federal exhibit disclosure deadline?
Under FRCP 26(a)(3), parties must disclose trial exhibits at least 30 days before trial. This includes a list of exhibits the party expects to offer and those it may offer if needed. Objections to exhibits must be filed within 14 days after disclosure. Many federal judges set earlier deadlines in pretrial orders—check your case scheduling order. State courts set their own exhibit deadlines, so check the applicable state rules and your scheduling order.
Do federal and state courts have different e-filing requirements?
Yes. Represented parties must file electronically in federal court unless the court or a local rule allows paper filing. State e-filing systems vary dramatically—some states have unified systems (Texas eFileTexas, Florida Portal), while others have county-by-county systems. Some rural state courts still accept paper filings. Each federal court sets its own PDF file-size limit for CM/ECF filings.
Are exhibit authentication rules different in federal court?
Federal courts apply Federal Rules of Evidence 901-903 for authentication. State courts follow their own evidence codes, which often mirror the FRE but may have variations. FRE 901(a) requires sufficient evidence that the exhibit is what the proponent claims. Common authentication methods include witness testimony (901(b)(1)), distinctive characteristics (901(b)(4)), and self-authentication for certified copies (902). Some states have simpler or more complex authentication requirements.
Can I use the same exhibit preparation for both federal and state courts?
The basic preparation process is similar, but labeling and formatting must match the specific court requirements. ExhibitPrep offers templates for both federal (PX/DX format) and state conventions (numbers/letters). When preparing exhibits, select the appropriate template for your court system. The stamping, combining, and table of contents features work identically—only the label format changes based on jurisdiction.