How to Number Exhibits in a Deposition
Deposition exhibits follow a single sequential numbering system — starting at 1 regardless of which party introduces the document. This guide covers court reporter procedures, Bates numbering, pre-labeling, post-deposition filing, and state-by-state variations.
- Deposition exhibits are numbered sequentially starting at Exhibit 1 regardless of which party introduces the document — unlike trial exhibits, which split plaintiffs (numbers) and defendants (letters).
- FRCP Rule 30 designates the court reporter as the "officer" responsible for officially marking and maintaining custody of deposition exhibits.
- Some jurisdictions and parties use party-specific prefixes (P-Dep-1, D-Dep-1) to identify who introduced each deposition exhibit, but a single shared sequence starting at 1 is the default standard.
- Bates numbers (e.g., SMITH000025) identify individual pages within a document production; deposition exhibit numbers (e.g., Exhibit 3) label the entire document as a deposition exhibit — both systems coexist and serve different functions.
- Under FRCP 30(f), the court reporter retains the original transcript and exhibits after the deposition until ordered otherwise or the parties agree to an alternative arrangement.
- Federal courts generally do not require deposition transcripts to be filed unless the deposition is used in a motion or at trial; many state courts have different filing rules.
- Pre-labeling deposition exhibits before the session begins saves time during questioning and reduces the risk of numbering errors or gaps in the official exhibit sequence.
- When a deposition transcript is cited in a motion, counsel attaches the relevant transcript pages and the corresponding marked exhibit as exhibits to the motion.
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Deposition vs. Trial Exhibit Numbering — Side by Side
Deposition Exhibits
Sequential (1, 2, 3…)
All parties share one sequence starting at 1
Court reporter marks each exhibit officially
Trial Exhibits
Numbers / Letters
Plaintiffs use numbers (1, 2, 3)
Defendants use letters (A, B, C)
State Variations and Party-Prefix Conventions
- Federal courts (FRCP 30): Single sequential series; court reporter is the officer responsible for marking
- California: Sequential numbering is standard; exhibits are attached to the certified transcript under CCP § 2025.340
- New York: Sequential numbering; CPLR 3113 governs deposition procedure; exhibits are made part of the transcript
- Texas: Some parties use P-Dep-1/D-Dep-1 prefixes by local convention, though a single sequential series remains common
Always confirm the numbering protocol with the court reporter before the deposition begins.
6-Step Deposition Exhibit Numbering Process
Prepare and Pre-Label Exhibits Before the Deposition
Organize all documents you plan to introduce. Apply sequential stickers labeled "Deposition Exhibit 1," "Deposition Exhibit 2," etc. Bring extra blank stickers for documents you might mark unexpectedly. Confirm with the court reporter whether they prefer to affix their own stickers or use yours.
Use Sequential Numbering Starting at 1
Number all deposition exhibits sequentially from 1, regardless of which party introduces them. If the deposition spans multiple sessions, confirm whether numbering continues from where the last session ended or restarts at 1. Do not use the plaintiff/defendant number/letter split used at trial.
Allow the Court Reporter to Affix Exhibit Stickers
Hand each document to the court reporter as you introduce it. The reporter affixes the numbered sticker, notes the exhibit number and description on the official exhibit log, and the record captures the exhibit's introduction during questioning. The reporter's markings are the official record — do not alter them.
Record Each Exhibit in Your Own Deposition Log
Maintain a running log during the deposition with each exhibit number, a brief description, and the transcript page where it was first introduced. This log is essential when drafting motions, preparing deposition summaries, and cross-referencing deposition exhibits against trial exhibit numbers later in the case.
Obtain Certified Copies of the Transcript and Exhibits
Order a certified copy of the transcript. Most court reporter services append the marked exhibits to the end of the PDF transcript. Under FRCP 30(f), the officer retains the original until ordered otherwise. Confirm the delivery format — many jurisdictions accept PDF-only delivery for electronic filing purposes.
File Exhibits Per Court Requirements
Federal courts do not require depositions to be filed unless cited in a motion or used at trial. When citing a deposition exhibit in a brief, attach the relevant transcript pages and the exhibit to the motion. State courts vary — some require lodging transcripts with exhibits when filed; check your court's local rules and judge's standing orders.
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Bates Numbering vs. Deposition Exhibit Numbering
These two numbering systems are frequently confused but serve entirely different functions:
Bates Numbering
Labels every individual page across all production documents. Format: SMITH000025. Used for discovery — allows any party to cite a specific page regardless of how documents are organized.
Deposition Exhibit Numbering
Labels an entire document as a single exhibit. Format: Deposition Exhibit 3. Used during depositions — a document with Bates numbers SMITH000025-000030 might simultaneously be introduced as Deposition Exhibit 3.
Both numbering systems coexist in federal litigation. A document produced with Bates numbers in discovery can be re-introduced with a deposition exhibit number during a deposition and again with a trial exhibit number at trial.
Practical Tips for Deposition Exhibit Numbering
- Pre-print exhibit labels for documents you know you will introduce to avoid handwriting during the session.
- Bring extra blank stickers in case you introduce documents that were not originally planned.
- Confirm with the court reporter before the session whether they use pre-printed sequential stickers or affix their own labels.
- Keep a deposition exhibit log — a simple table listing each exhibit number, description, and the transcript page where it was introduced.
- When you receive the certified transcript, verify that all exhibits are attached and the numbering matches your log before distributing copies to clients or co-counsel.
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Frequently Asked Questions
How are deposition exhibits numbered?
Deposition exhibits are numbered sequentially starting at 1 (Deposition Exhibit 1, Deposition Exhibit 2, etc.) regardless of which party introduces the exhibit. This is different from trial exhibits, where plaintiffs typically use numbers and defendants use letters. Under FRCP Rule 30, the court reporter (called the "officer") is responsible for marking exhibits as they are introduced during the deposition.
What is the court reporter's role in marking deposition exhibits?
The court reporter serves as the officer under FRCP Rule 30 and is responsible for officially marking each deposition exhibit. As each document is introduced, the court reporter affixes a numbered sticker or stamp, logs the exhibit number and a brief description, and maintains custody of the exhibits until the certified transcript is delivered. Attorneys should not renumber or alter exhibits after the reporter has marked them.
Do plaintiff and defendant use different numbering in a deposition?
No. Unlike trial exhibits (where plaintiffs use numbers and defendants use letters), deposition exhibits are numbered in a single sequential series starting at 1 regardless of which party introduces the document. Some jurisdictions or parties agree to use party-specific prefixes (P-Dep-1, D-Dep-1) to identify who introduced each exhibit, but a single shared sequence starting at 1 is the standard practice under FRCP Rule 30.
What is the difference between Bates numbering and deposition exhibit numbering?
Bates numbering assigns a unique sequential number to every individual page across all documents in a discovery production (e.g., SMITH000001 through SMITH005000). Deposition exhibit numbering labels an entire document as a single exhibit (Deposition Exhibit 1, Exhibit 2). A document with Bates numbers SMITH000025-000030 might be introduced as Deposition Exhibit 3 — both numbering systems coexist and serve different functions. Bates numbers identify pages; exhibit numbers identify documents.
What happens to deposition exhibits after the deposition?
After the deposition, marked exhibits are attached to or bound with the certified transcript. Under FRCP 30(f), the officer retains the original transcript and exhibits until the court orders otherwise or the parties agree to a different arrangement. Most court reporting services provide PDF copies of the transcript with exhibits appended as additional pages. When a deposition is used at trial or in a motion, counsel attaches the relevant portions of the transcript along with the corresponding exhibits.
Should I pre-label deposition exhibits before the deposition?
Pre-labeling is optional but common practice for depositions where you are taking the deposition. Apply sequential stickers (Deposition Exhibit 1, 2, 3) to documents you plan to introduce before the session begins. This saves time during the deposition and reduces the chance of misnumbering. Bring extra blank stickers for documents you might introduce unexpectedly. If you are defending a deposition, coordinate with the noticing attorney and court reporter about whether pre-labeled exhibits will be used.
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