Exhibit List
A comprehensive index of all exhibits to be offered at trial, typically including exhibit number, description, and witness who will authenticate it.
What You Need to Know
Exhibit lists are filed before trial pursuant to court deadlines (typically 30 days pre-trial). The list includes: (1) exhibit number/letter, (2) brief description, (3) date of document, (4) author/source, (5) authenticating witness, and (6) columns for objections and rulings. After exchange, parties file joint exhibit lists noting stipulated (no objection) versus contested exhibits. Exhibit lists streamline trial by resolving admissibility disputes before testimony begins.
Legal References
- California Rules of Court 3.1302 - Exhibit exchange 30 days before trial
- Federal Rules of Civil Procedure 26(a)(3) - Pretrial disclosures including exhibits
Relevant Practice Areas
Frequently Asked Questions
When must I file my exhibit list?
California requires exhibit exchange 30 days before trial per California Rules of Court 3.1302. Federal courts require pretrial disclosure "at least 30 days before trial" per Federal Rules of Civil Procedure 26(a)(3). Check your local rules and case management order for specific deadlines. Late exhibits may be excluded absent good cause.
What information goes in an exhibit list?
Include: Exhibit number/letter, description (e.g., "Contract dated January 15, 2023"), number of pages, author or source, date created, witness who will authenticate, and space for objections. Some courts require Bates numbers or detail level ("Email from Smith to Jones re: Meeting"). Follow local court forms if provided.
Can I add exhibits after filing the list?
Adding exhibits after the deadline requires court permission. File a motion to supplement exhibit list showing good cause (evidence recently discovered, rebuttal to opponent's case). Courts may allow but may condition admission on continuance if opposing party needs time to respond. Always file exhibit lists complete and on time.
When It's Used
Often required by local court rules and exchanged before trial
Example
"A table listing: "Ex. 1 - Employment Contract (dated 1/15/2020) - authenticated by Jane Doe""
Legal References
- •California Rules of Court 3.1110(a)
Related Terms
Exhibit Stamp
A label or marking applied to documentary evidence to identify it during legal proceedings. Typically includes the exhibit number or letter, party designation, and sometimes the case name.
Pre-Marking
The practice of marking exhibits with identification labels before trial or deposition, rather than marking them during the proceeding.
Trial Binder
An organized collection of exhibits, pleadings, and notes prepared for use during trial. Often includes tabs for each witness and exhibit.
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