- Federal Rules of Evidence 901 (FRE 901) (opens in a new tab)
Federal requirements for authenticating evidence
- Federal Rules of Evidence 1006 (FRE 1006) (opens in a new tab)
Summaries of voluminous writings, recordings, or photographs
- Federal Rules of Civil Procedure 26 (FRCP 26) (opens in a new tab)
Federal discovery and initial disclosure requirements
- California Rules of Court 3.1110 (CRC 3.1110) (opens in a new tab)
General format of California motion papers, including pagination and exhibit presentation
Source links open in a new tab.
Legal Exhibit Requirements
Authoritative guide to exhibit marking conventions, authentication requirements, and exchange deadlines across U.S. federal and state courts.
- 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.
- Look for local exhibit instructions and any assigned label ranges before preparing the set.
- Federal Rule of Civil Procedure 26(a)(3) addresses pretrial disclosures and objections; the court can order different timing. Read the rule together with the case schedule.
- 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.
- Prefixes such as PX, DX, C, and R are possible identifiers; use the scheme actually assigned for the proceeding.
- Federal Rule of Evidence 901(a) requires authentication with "evidence sufficient to support a finding that the item is what the proponent claims it is."
- Federal Rule of Evidence 1006 permits summary exhibits when the underlying records are too voluminous to examine conveniently in court.
- Record disclosure, exchange, and filing dates separately, including recipients and required formats.
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Key Definitions
What is a Legal Exhibit?
A legal exhibit is a document, photograph, recording, or physical object presented as evidence in legal proceedings. Exhibits are marked with unique identifiers (e.g., "Exhibit A" or "Exhibit 1") for reference during testimony, in written briefs, and in court records. Under Federal Rules of Evidence 901(a), exhibits must be authenticated with "evidence sufficient to support a finding that the item is what the proponent claims it is."
Types of Exhibits
- Documentary Exhibits: Contracts, emails, invoices, medical records, photographs
- Demonstrative Exhibits: Charts, diagrams, timelines, animations created to illustrate testimony
- Summary Exhibits: Summaries of voluminous records per Federal Rule of Evidence 1006
- Rebuttal Exhibits: Evidence introduced specifically to counter opposing party's exhibits
Exhibit Marking Conventions
These are examples of label formats, not assignments for a particular court or party. Confirm the scheme in the instructions for your matter before stamping.
| Format | Example | Check before use |
|---|---|---|
| Numbers | 1, 2, 3 | Starting number and any assigned range |
| Letters | A, B, C | Letter sequence and treatment of additional exhibits |
| Party prefix | PX-1, DX-1 | Required prefix and punctuation |
| Proceeding-specific prefix | C-1, R-1 | The actual order or agreed protocol |
Important: Local court rules and pretrial orders may specify different marking conventions. Always check your specific court's requirements before trial.
Exhibit Exchange Deadlines
Federal Courts
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.
Federal Rule of Civil Procedure 26(a)(3) addresses pretrial disclosures. Check the current rule together with the scheduling order for the disclosure deadline, objection procedure, and any exceptions.
California State Courts
Use the applicable California case order and local rules for exhibit exchange and filing deadlines. Rule 3.1302 concerns the place and manner of filing law-and-motion papers; it does not set a general exhibit-exchange deadline.
Texas State Courts
Check the applicable Texas rules and pretrial order for required disclosures, exhibit exchange, and filing. Confirm each deadline separately; do not assume the same date applies to every task.
Authentication Requirements (FRE 901-903)
Federal Rule of Evidence 901(a) states: "To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is."
Common Authentication Methods (FRE 901(b)):
- (1) Testimony of witness with knowledge: A witness testifies that the exhibit is what it is claimed to be
- (2) Nonexpert opinion on handwriting: Lay opinion based on familiarity with handwriting
- (3) Comparison by expert: Expert witness compares item to authenticated specimen
- (4) Distinctive characteristics: Appearance, contents, internal patterns, or other distinctive characteristics
- (5) Voice identification: Opinion identifying a voice based on familiarity
- (6) Telephone conversation: Evidence the call was made to a number assigned to a particular person or business
Self-Authenticating Documents (FRE 902):
- Domestic public documents under seal
- Certified copies of public records
- Official publications (government pamphlets, reports)
- Newspapers and periodicals
- Acknowledged documents (notarized)
- Commercial paper and related documents
- Certified domestic records of regularly conducted activity
Prepare Your Exhibits in Minutes
ExhibitPrep provides 29 professional templates for common federal and state exhibit-labeling conventions. Batch stamp, organize, and combine exhibits, then review the exact output against current local and case-specific requirements.
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ExhibitPrep formats documents. It does not provide legal advice, submit filings, or determine whether evidence is admissible or a filing meets court requirements.
Some guidance has not been verified against current official sources. A citation supports only its stated claim and scope. Compare the finished PDF with current court instructions and orders in your case. Follow the filing review checklist.
Frequently Asked Questions
What is an exhibit in legal proceedings?
A legal exhibit is a document, photograph, or other item introduced as evidence during court proceedings, depositions, or arbitration hearings. Exhibits are typically marked with unique identifiers (such as "Exhibit A" or "Exhibit 1") for reference during testimony and in court records. Per Federal Rules of Evidence 901(a), exhibits must be authenticated by "evidence sufficient to support a finding that the item is what the proponent claims it is."
How should plaintiff exhibits be marked?
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.
How should defendant exhibits be marked?
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.
When must exhibits be exchanged before trial?
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.
What are the federal rules for exhibit authentication?
Federal Rules of Evidence 901-903 govern exhibit authentication. Rule 901(a) requires the proponent to produce evidence sufficient to support a finding that the exhibit is what it claims to be. Rule 901(b) provides examples of authentication methods including testimony of a witness with knowledge (901(b)(1)), nonexpert opinion on handwriting (901(b)(2)), comparison by expert (901(b)(3)), and distinctive characteristics (901(b)(4)). Self-authenticating documents under Rule 902 include certified copies of public records, official publications, and acknowledged documents.
What is a summary exhibit under Federal Rule of Evidence 1006?
Federal Rule of Evidence 1006 allows parties to present summaries, charts, or calculations when the underlying writings, recordings, or photographs are too voluminous to be conveniently examined in court. The proponent must make the originals available for examination and copying by the opposing party. Summary exhibits are commonly used in complex litigation, financial fraud cases, and cases involving extensive documentary evidence. The summary must accurately reflect the underlying documents and cannot include argument or characterization.