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Exhibit Preparation Guide

How to Create an Exhibit Index for Court

An exhibit index lists every piece of evidence you plan to introduce at trial — by number or letter, description, date, and sponsoring witness. In federal civil cases, Federal Rule of Civil Procedure 26(a)(3) requires pretrial disclosures to identify each exhibit; check local rules and the pretrial order for other courts.

Key facts at a glance
  • Federal Rule of Civil Procedure 26(a)(3) requires pretrial disclosures that identify each exhibit to be made at least 30 days before trial unless the court orders otherwise.
  • 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.
  • A complete exhibit index includes columns for Exhibit No., Description, Date, Sponsoring Witness, Number of Pages, and Admitted/Objected.
  • A sponsoring witness is the person who will authenticate each exhibit at trial — the author, recipient, photographer, or records custodian.
  • The Admitted/Objected column is left blank when the index is filed and is completed by the court clerk during trial proceedings.
  • Objections to exhibits in federal court may be served within 14 days after the pretrial disclosures are made, unless the court sets a different time (FRCP 26(a)(3)).
  • ExhibitPrep's Trial Binder mode auto-generates an exhibit index page with exhibit labels, titles, and page ranges when you combine exhibits into one PDF.
  • Filing deadlines for exhibit lists vary by jurisdiction — some courts require submission with the joint pretrial statement, others require a separate filing.
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Required Columns in a Court Exhibit Index

ColumnExampleNotes
Exhibit No.P-1 or 1Numbers for plaintiffs, letters for defendants in most courts
DescriptionEmployment Agreement dated 06/15/2023Concise and identifying — enough to locate the document
Date06/15/2023Use "N/D" for undated items
Sponsoring WitnessJane Smith (CEO)Person who will authenticate the exhibit at trial
# Pages3Some courts use it to plan trial time; check the judge's pretrial order.
Admitted / Objected(blank at filing)Court clerk completes at trial — leave blank when you file

Step-by-Step: Create Your Exhibit Index

1

List All Exhibits You Plan to Offer

Compile every document, photograph, recording, or other item you intend to introduce as evidence. Include all potential exhibits — you can remove items before trial, but adding exhibits that are not on the list may require leave of court.

2

Assign Exhibit Numbers or Letters

Use the exhibit labels required by your court’s local rules and case order. Some courts use letters for one party and numbers for another; others use numbers or assigned ranges for every party. Confirm the scheme before labeling the set.

3

Write a Brief Description for Each Exhibit

Enter a concise, identifying description — enough for the court and opposing counsel to locate and identify the document. Good examples: "Employment Agreement dated 06/15/2023," "Photograph of intersection looking north," "Medical records — St. Luke's Hospital (47 pages)."

4

Note the Date of Each Document

Record the document date. For undated items, use "N/D" or the approximate creation period. For photographs, use the date captured. Accurate dates help authenticate exhibits and place them within the timeline of events at issue.

5

Identify the Sponsoring Witness

Record which witness will authenticate or introduce each exhibit. A sponsoring witness is the person through whom the exhibit is offered — typically the author, recipient, photographer, or a custodian of records. Exhibits usually need a sponsoring witness or a stipulation to be admitted.

6

Format as a Table and File per Local Rules

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.

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Federal vs. State Exhibit Index Requirements

Federal Courts (FRCP 26(a)(3))

  • Exhibit list due at least 30 days before trial unless the court orders otherwise
  • Objections due within 14 days of receiving the list
  • Must identify each document or other exhibit, including summaries of other evidence
  • Many districts use "PX-" prefix for plaintiff and "DX-" for defendant
  • CM/ECF filing — typically attached to the joint pretrial order

State Courts (varies by jurisdiction)

  • California: 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.
  • Texas: TRCP 193.5 — supplement discovery 30 days before trial
  • New York: CPLR 3101 — exhibit list exchanged at pretrial conference
  • Florida: Fla. R. Civ. P. 1.200 — per case management order
  • Always check local county rules — deadlines vary significantly

How ExhibitPrep Generates Your Exhibit Index

ExhibitPrep's Trial Binder mode automatically creates an exhibit index when you combine multiple PDFs into a single binder document. After uploading your exhibits:

  1. 1Exhibits are automatically assigned sequential labels (1, 2, 3 or A, B, C) based on your template selection.
  2. 2You can add exhibit titles (descriptions) directly in the document list — just click the edit icon.
  3. 3Drag and drop to reorder exhibits; labels reassign automatically.
  4. 4When you download, a formatted index page is prepended to the combined PDF listing each exhibit by label, title, and page range.
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Frequently Asked Questions

What is an exhibit index?

An exhibit index (also called an exhibit list) is a table filed with the court that lists every piece of evidence a party intends to introduce at trial. Each row typically identifies the exhibit number or letter, a brief description of the document, the document date, the sponsoring witness, and the page count. Courts use the exhibit index to track evidence, rule on objections, and maintain the record.

What columns are required in a court exhibit index?

Exhibit indexes commonly include (1) Exhibit Number or Letter, (2) Description, (3) Date of Document, and (4) Sponsoring Witness; check the court's requirements. Some courts also require (5) Number of Pages and (6) an Admitted/Objected column; check the local rules and the judge's pretrial order. Federal courts under FRCP 26(a)(3) require an identification of each document or other exhibit in a party's pretrial disclosures.

When is the exhibit index due in federal court?

Under Federal Rule of Civil Procedure 26(a)(3), each party must provide pretrial disclosures, including the exhibit list, at least 30 days before trial unless the court orders otherwise. Objections to exhibits may then be served within 14 days after the pretrial disclosures are made, unless the court sets a different time. A court's pretrial order may set a different exhibit-list deadline than Federal Rule of Civil Procedure 26(a)(3), so check the district's local rules and the judge's orders.

What is a sponsoring witness for an exhibit?

A sponsoring witness is the person through whom an exhibit is introduced and authenticated at trial. For a contract, the sponsoring witness might be the person who signed it. For a photograph, the person who took or is depicted in the photo. For business records, it is typically the custodian of records. An exhibit generally needs a sponsoring witness who can authenticate it, or a stipulation, before it is admitted.

Does California require an exhibit list?

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.

Can ExhibitPrep auto-generate an exhibit index?

Yes. ExhibitPrep's Trial Binder mode automatically generates a table of contents when you combine exhibits into a single PDF. You can add exhibit titles (descriptions) to each document, and the combined PDF will include a formatted index page listing each exhibit by number or letter, title, and page range. This replaces manual creation of the exhibit index document for most use cases.

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