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
In federal civil cases, pretrial disclosures identifying each exhibit are due at least 30 days before trial unless the court orders otherwise (Federal Rule of Civil Procedure 26(a)(3)(B)); state deadlines vary. 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.
Put this into practice
Use the step-by-step help to prepare and check your files. Definitions explain the terms; the rules and orders for your matter determine what is required.
Arrange exhibits and check contentsRelevant Practice Areas
Frequently Asked Questions
When must I file my exhibit list?
Check the case order and applicable rules for exhibit identification, exchange, and filing deadlines. These can be different dates. Record each required recipient and format, and leave time to review any corrected copies.
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. Check the court's local rules or the judge's order for how much detail each exhibit description must include. Follow local court forms if provided.
Can I add exhibits after filing the list?
In federal civil cases, a scheduling order may be modified only for good cause and with the judge's consent (Federal Rule of Civil Procedure 16(b)(4)); state courts and pretrial orders set their own standards. 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 the court's rules or pretrial order and exchanged before trial — confirm the deadline in the assigned judge's order
Example
"A table listing: "Ex. 1 - Employment Contract (dated 1/15/2020) - authenticated by Jane Doe""
References to check
- Applicable case orders and local rules — exhibit exchange and filing
- Federal Rules of Civil Procedure 26(a)(3) - Pretrial disclosures including exhibits
- 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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