Exhibit Marking
The process of applying identification labels to evidence before trial or deposition. Includes physical stamps, digital overlays, or adhesive labels.
What You Need to Know
The exhibit marking process involves: (1) organizing documents in logical order, (2) assigning sequential exhibit identifiers following party conventions, (3) applying stamps or labels to each document, and (4) creating an exhibit list for filing. Courts typically require exhibits to be marked before trial, with deadlines specified in case management orders. Pre-marking exhibits 30 days before trial is common per California Rules of Court 3.1302. Modern legal practice uses digital marking tools to batch-process dozens of exhibits in minutes.
Legal References
- California Rules of Court 3.1302 - Exhibit exchange deadlines
- Federal Rules of Civil Procedure 26(a)(3) - Pretrial disclosure requirements
Relevant Practice Areas
Frequently Asked Questions
When should I mark my exhibits?
Mark exhibits as early as possible, ideally 30-60 days before trial. California requires exhibit exchange 30 days before trial per California Rules of Court 3.1302. Federal courts require pretrial exhibit lists per Federal Rules of Civil Procedure 26(a)(3). Early marking allows time for objections, stipulations, and organization of trial binders.
Who is responsible for marking exhibits?
Each party marks their own exhibits. Plaintiffs use numbers, defendants use letters in most jurisdictions. In multi-party cases, third parties may use different designations (e.g., TP-1, TP-2). The court clerk does not mark exhibits—this is counsel's responsibility.
Can I change exhibit numbers after marking?
Changing exhibit numbers after exchange is problematic and may confuse the court. If you must add exhibits, use decimal notation (Exhibit 5A, 5B) or skip to higher numbers. Once exhibits are marked and referenced in pleadings or depositions, maintain consistent numbering to avoid confusion in citations and the record.
When It's Used
Must be completed before exhibits can be admitted into evidence
Example
"Marking all trial exhibits with "Plaintiff's Exhibit [Number]" stamps prior to the pretrial conference."
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.
Exhibit Label
The identifier assigned to a piece of evidence, typically following court-specific naming conventions (e.g., plaintiff uses numbers 1-999, defendant uses letters A-ZZZ).
Pre-Marking
The practice of marking exhibits with identification labels before trial or deposition, rather than marking them during the proceeding.
Exhibit List
A comprehensive index of all exhibits to be offered at trial, typically including exhibit number, description, and witness who will authenticate it.
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