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Marked for Identification

Court Procedures

An exhibit that has been assigned a number or letter but not yet formally admitted into evidence. Marked during questioning before admission.

What You Need to Know

This label distinguishes an identified exhibit from one admitted into evidence. Use the identifier consistently in the exhibit list and copies. The label does not by itself preserve an evidentiary objection or place excluded material in an appellate record; follow the applicable record-making and exhibit-retention procedures.

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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Relevant Practice Areas

Trial PracticeEvidence LawCivil LitigationCriminal Defense

Frequently Asked Questions

Why do exhibits need to be marked for identification before admission?

A consistent identifier lets participants refer to the same item while its status is being determined. Follow the proceeding’s marking process and keep admission status separate from the label. Identification alone does not authenticate the item or preserve an objection.

What happens to exhibits marked for identification but not admitted?

Follow the court’s instructions for custody, inclusion in the record, return, and any offer of proof. Those procedures vary. Keep your exhibit list clear about which items were admitted and which remained marked for identification.

Can I use exhibits marked for identification to refresh a witness's recollection?

Yes. Federal Rules of Evidence 612 allows using any writing to refresh a witness's memory, regardless of whether the writing is admissible or has been marked for identification. The process is: (1) establish the witness's memory is exhausted on the topic, (2) show the witness the document marked for identification, (3) ask if reviewing it refreshes their recollection, (4) take the document away and ask the witness to testify from refreshed memory. The document used to refresh recollection does not need to be admitted into evidence, but opposing counsel may inspect it, cross-examine about it, and introduce relevant portions.

When It's Used

Allows reference to the exhibit during testimony before it's admitted

Example

"The attorney says "Let me show you what's been marked as Plaintiff's Exhibit 3 for identification.""

References to check

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