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Working Copy

File Formats & Standards

An informal set of exhibits used by attorneys during depositions or trial, separate from the official court copy.

What You Need to Know

Working copies are reference sets that may contain annotations, questions, or preparation notes. Keep them clearly separate from clean copies intended for filing or exchange. Whether material is protected from disclosure depends on the applicable law and circumstances; a working-copy label does not create that protection.

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 PracticeDeposition PracticeDocument ManagementTrial Preparation

Frequently Asked Questions

Can opposing counsel see my working copy exhibits?

Do not assume every working copy is protected from disclosure. Work-product rules depend on how material was prepared, its contents, and the circumstances of use or disclosure. Follow counsel’s instructions for handling notes and use clean copies for exchange or display.

Should I bring working copies to depositions and trial?

Yes, working copies are essential for effective examination. Benefits include: (1) quick reference to key documents without flipping through clean exhibit sets, (2) tabs marking critical pages for cross-examination, (3) notes showing questions to ask about each document, (4) highlighting key testimony excerpts from transcripts, and (5) annotations showing document relationships or timeline. Organize working copies by: witness (all exhibits for direct/cross of each witness), chronology (timeline order), or topic (liability, damages, causation). Use color-coded tabs—blue for plaintiff exhibits, red for defendant exhibits, yellow for demonstratives. Keep working copies separate from clean exhibit sets to avoid accidentally marking official exhibits.

What is the difference between working copies and trial binders?

A working copy may contain internal notes. A binder organizes a set for a particular reader or task. Keep internal annotations out of copies intended for the court or other participants, and inspect the actual files before sharing them.

When It's Used

Allows annotations and notes without marking up the official record

Example

"A personal binder with post-it notes and highlighting that stays at counsel table."

References to check

Related Terms

Trial Binder

An organized collection of exhibits, pleadings, and notes prepared for use during trial. Often includes tabs for each witness and exhibit.

Courtesy Copy

An additional copy of a filed document provided to the judge's chambers when local rules or the judge's procedures call for one.

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