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
Marking involves selecting the source documents, assigning the required identifiers, applying readable labels, and keeping an exhibit list consistent with the files. Prepare early enough to review and correct the set before the deadlines in the case order.
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.
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Frequently Asked Questions
When should I mark my exhibits?
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.
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 after numbering, follow the assigned judge's pretrial order or confirm the numbering convention with the clerk. 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
Usually done before an exhibit is offered, as the court or its local rules direct
Example
"Marking all trial exhibits with "Plaintiff's Exhibit [Number]" stamps prior to the pretrial conference."
References to check
- Applicable case orders and local rules — exhibit exchange and filing
- Federal Rules of Civil Procedure 26(a)(3) - Pretrial disclosure requirements
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.
Need to Stamp Your Exhibits?
Try ExhibitPrep's browser-based exhibit stamping tool. No installation required.
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