Deposition Exhibit
Documents shown to a witness during a deposition and marked for identification in the deposition record.
What You Need to Know
Deposition exhibits preserve witness testimony about documents for use at trial or in motions. Under Federal Rules of Civil Procedure 30(f)(1), documents and things produced at a deposition must be marked for identification and annexed to the deposition transcript. The examining attorney typically marks exhibits sequentially (Deposition Exhibit 1, 2, 3) as they are introduced during questioning. The court reporter attaches copies to the transcript, creating a permanent record of what the witness reviewed and testified about.
Legal References
- Federal Rules of Civil Procedure 30(f)(1) - Deposition documents and exhibits
- Federal Rules of Civil Procedure 30(b)(5) - Notice of deposition with documents
Relevant Practice Areas
Frequently Asked Questions
How do I mark exhibits during a deposition?
Mark exhibits sequentially as you introduce them to the witness. Announce "I am marking this as Deposition Exhibit 1" before showing the document. Use pre-printed exhibit stickers or stamps with the deposition case caption and exhibit number. Provide copies to the witness, opposing counsel, and the court reporter. The reporter will attach marked copies to the transcript per Federal Rules of Civil Procedure 30(f)(1). Pre-mark exhibits before the deposition to save time and avoid confusion.
Can deposition exhibits be used at trial without re-marking?
Generally no—deposition exhibits must be re-marked as trial exhibits following trial numbering conventions. However, you can use the deposition transcript with exhibit references to impeach witnesses or establish prior statements. Some courts allow deposition exhibits to be admitted at trial if properly authenticated and the same numbering is used, but this is rare. Best practice is to re-mark all documents as trial exhibits and reference the deposition testimony by page and line number.
Who provides copies of deposition exhibits?
The examining attorney (the party asking questions) provides copies of all exhibits to the witness, opposing counsel, and the court reporter. Bring at least 4 copies of each exhibit: one for the witness, one for opposing counsel, one for the reporter, and one for your file. The court reporter keeps one set to attach to the transcript. Failure to provide copies may result in delays or inability to use the document effectively during examination.
When It's Used
Allows witness testimony about documents to be preserved and used at trial
Example
"Showing the witness an email and marking it as "Deposition Exhibit 5" before asking questions about its contents."
Related Terms
Exhibit Marking
The process of applying identification labels to evidence before trial or deposition. Includes physical stamps, digital overlays, or adhesive labels.
Trial Exhibit
Evidence formally marked and offered during trial proceedings. Must be authenticated and admitted before the jury can consider it.
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