Trial Exhibit
Evidence formally marked and offered during trial proceedings. Must be authenticated and admitted before the jury can consider it.
What You Need to Know
A proposed trial exhibit and an admitted exhibit have different statuses. Track the identifier, description, and admission status separately. Follow the case order for disclosures and exchange; the exhibit label alone does not establish admissibility, preserve an objection, or determine who retains the document after trial.
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.
Check the finished documents before filingRelevant Practice Areas
Frequently Asked Questions
When should I offer trial exhibits into evidence?
Offer exhibits during direct examination of the witness who can authenticate them. The typical sequence is: (1) mark the exhibit for identification, (2) show it to opposing counsel, (3) show it to the witness, (4) ask authentication questions establishing what it is, (5) ask "Does this fairly and accurately represent [what it purports to be]?", (6) formally offer it into evidence by saying "Your Honor, I offer Plaintiff's Exhibit 1 into evidence." Wait for the court to rule before showing it to the jury or publishing it.
What foundation is required to admit a trial exhibit?
The requirements depend on the evidence and its proposed use. Authentication may be established through testimony, certification, distinctive characteristics, or another permitted method. Relevance, hearsay, and other objections remain separate. Read the governing rules and court directions for the particular exhibit.
What happens if my trial exhibit is objected to?
Follow the court’s ruling and any limits on use. An objection may concern authenticity, hearsay, relevance, or another issue. Additional proof may be needed. Merely marking the document for identification does not preserve every issue for appeal; follow the applicable procedure for making the record.
When It's Used
Follows specific court rules for marking and admission
Example
"Offering "Plaintiff's Exhibit 7" during direct examination of a witness who can authenticate the document."
References to check
Related Terms
Deposition Exhibit
Documents shown to a witness during a deposition and marked for identification in the deposition record.
Exhibit Marking
The process of applying identification labels to evidence before trial or deposition. Includes physical stamps, digital overlays, or adhesive labels.
Admissibility
Whether evidence meets legal requirements to be presented to the judge or jury.
Need to Stamp Your Exhibits?
Try ExhibitPrep's browser-based exhibit stamping tool. No installation required.
Try ExhibitPrep Free