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 means assigning exhibit identifiers before a hearing, trial, or deposition. Confirm the required scheme and timing, then keep those identifiers consistent in the copies and exhibit list. Preparing a label does not establish that the exhibit is admitted.
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 should I pre-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 pre-marking exhibits?
The applicable instructions determine who prepares and assigns the labels. Legal staff often prepare the set, but a joint numbering scheme or another procedure may apply. Confirm responsibility and label ranges before preparing duplicate sets.
Can I change exhibit numbers after pre-marking?
Changing exhibit numbers after exchange creates confusion and may violate local rules. If you need to add or remove exhibits, check the scheduling or pretrial order for how changes are handled and raise it with opposing counsel and the court. A common practice is to 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
Prepare identifiers in advance using the instructions for the proceeding
Example
"Stamping all 100 plaintiff exhibits two weeks before trial and providing copies to opposing counsel."
References to check
- Applicable case orders and local rules — pre-marking and exchange
- Federal Rules of Civil Procedure 26(a)(3) - Pretrial disclosures
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.
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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