Pre-Marking
The practice of marking exhibits with identification labels before trial or deposition, rather than marking them during the proceeding.
What You Need to Know
Pre-marking exhibits saves significant courtroom time and reduces confusion during proceedings. California Rules of Court 3.1302 requires exhibit exchange 30 days before trial, making pre-marking standard practice. Attorneys typically pre-mark all exhibits after receiving the trial date, provide copies to opposing counsel and the court, and bring pre-marked originals to trial. This practice prevents delays during witness examination and ensures all parties reference exhibits consistently.
Legal References
- California Rules of Court 3.1302 - Exhibit exchange requirements
- Federal Rules of Civil Procedure 26(a)(3) - Pretrial disclosures
Relevant Practice Areas
Frequently Asked Questions
When should I pre-mark my exhibits?
Pre-mark exhibits after receiving your trial date and completing exhibit selection, typically 2-4 weeks before trial. California courts require exhibit exchange 30 days before trial per California Rules of Court 3.1302. Federal courts require pretrial disclosures 30 days before trial per Federal Rules of Civil Procedure 26(a)(3). Pre-marking allows time to provide copies to opposing counsel, the court, and any co-counsel before the hearing or trial begins.
Who is responsible for pre-marking exhibits?
Each party marks their own exhibits following court convention—plaintiffs use numbers (1, 2, 3), defendants use letters (A, B, C). The attorney or legal staff typically handles marking, either manually or using exhibit stamping software. Some courts require joint exhibit lists where parties agree on exhibits in advance, but each side still marks their own documents unless stipulated otherwise.
Can I change exhibit numbers after pre-marking?
Changing exhibit numbers after exchange creates confusion and may violate local rules. If you must add or remove exhibits, consult opposing counsel and notify the court. Most attorneys leave gaps in numbering (e.g., 1, 2, 5, 10) to allow adding exhibits without renumbering. If substantial changes are needed, file an amended exhibit list and provide new copies with corrected markings to all parties.
When It's Used
Saves time and reduces confusion during testimony
Example
"Stamping all 100 plaintiff exhibits two weeks before trial and providing copies to opposing counsel."
Related Terms
Exhibit Marking
The process of applying identification labels to evidence before trial or deposition. Includes physical stamps, digital overlays, or adhesive labels.
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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