With a few exhibits, you can keep the list in your head. With hundreds, you need a system that works while a witness is answering. This guide covers judge-specific numbering and file names, how to track what is admitted, what to do when you cannot find an exhibit, and a tracking table you can copy.
Key takeaways
- Number once and do not renumber. N.D. Ill. Judge Valderrama says not to renumber exhibits after the pretrial conference, even if some were ruled inadmissible, and N.D. Cal. Judge Breyer says a single exhibit should be marked only once.
- Name files so they sort and match. Judge Valderrama’s convention is a three-digit exhibit number followed by a neutral description, such as
003_Photo Front Door.jpg, with consecutive numbers and no letters. - Reconcile every day. Judge Breyer has counsel compare notes with the deputy clerk at the end of each trial day on which exhibits are in evidence and on what limits apply.
- ExhibitView’s Trial Presenter lists Hot Docs folders, witness folders, an exhibit library and e-Search, and ExhibitView says its desktop products are designed for Windows.
Why do large exhibit sets go wrong?
Three things fail first:
- The numbers change.
- The versions drift.
- Nobody is sure what has been admitted.
Judge Breyer’s guidelines address the second one directly. They say that different versions of the same document, such as a copy with added handwriting, must be treated as different exhibits. Judge Valderrama’s order adds that court time may not be used for marking exhibits. A set of hundreds multiplies every small inconsistency, and a slow search for one exhibit is the kind of delay the whole courtroom sees. Settle a few firm rules before trial and keep them through verdict.
How should you number and name hundreds of exhibits?
For building the list and choosing a numbering system, see ExhibitView’s How to Organize Trial Exhibits page and its guide to creating a trial exhibit list. For a large set, two judges’ orders show how specific courts get:
|
Practice |
What the court says |
|---|---|
|
Numbers only |
Judge Breyer: use numbers, not letters. Judge Valderrama: consecutive numbers, no letters, no parts such as 1A |
|
Mark once |
Judge Breyer: a single exhibit is marked only once, and the second side does not re-mark it |
|
No renumbering |
Judge Valderrama: after the pretrial conference, do not renumber, so numbering stays consistent through trial |
|
File names |
Judge Valderrama: three-digit exhibit number, then a neutral description, for example |
|
Searchable files |
Judge Valderrama: run OCR on exhibits |
|
Physical objects |
Judge Valderrama: give the object a number and submit a one-page PDF stand-in with the number and description |
Examples from each court’s published information. Confirm the current version before relying on them. Your judge’s orders can differ. Judge Breyer’s document is a set of civil bench-trial guidelines.
How do you organize a large set for the witness in front of you?
Organize by the order you will need the exhibits, not by the order you collected them:
- One folder per witness, holding the exhibits you expect to use with that witness.
- A short list of the exhibits you expect to use most, kept where you can reach it fast.
- A master index with exhibit number, description, source and the witness it belongs to.
Courts also expect advance notice of your plans. Judge Breyer says all counsel are entitled to know a firm order of witnesses for the next court day and the exhibits that will be used on direct, other than for impeachment, and Judge Valderrama says to have enough witnesses available to use the full trial day. Build tomorrow’s folders tonight.
How do you track what is admitted?
Keep one tracking sheet that the whole team uses. Judge Breyer’s joint exhibit list has columns for when an exhibit is offered, when it is received, and any limits on its use. Here is a version you can copy, with an invented example row:
|
Exhibit |
Description |
Offered |
Received |
Limits |
Next witness |
|---|---|---|---|---|---|
|
112 (invented example) |
March 3 email, Ruiz to Cole |
11/2, 10:20 |
11/2, 10:24 |
None |
Cole |
Be careful with status words. Judge Valderrama’s order says a substantive exhibit that drew no objection is deemed admissible but not admitted, and that you must still move the exhibit into evidence before publishing it. Mark an exhibit as received only when the court has said so.
Then add the routine courts expect. Judge Breyer has counsel consult each other and the deputy clerk at the end of each trial day to compare which exhibits are in evidence and any limits on them, and bring differences to the court promptly. At the close of evidence, counsel jointly provide a list of exhibits actually in evidence. Judge Valderrama has the plaintiff file its list of admitted exhibits no later than one calendar day after its case-in-chief, and the defendant file its list after it rests and before closing arguments, each after consulting the other side. The court resolves disputes on the record.
What do you do when you cannot find an exhibit?
Have three ways in:
- The index, on paper and on screen.
- Search. Judge Valderrama requires OCR on exhibits, so a keyword should find a scanned page.
- A second person at counsel table who can pull the exhibit while you keep going.
An ABA Litigation article says paging through a document live burns time and makes the jury restless, so a fast way in is worth the preparation.
Where does software fit?
A spreadsheet and tabbed binders can run a mid-size set. As the numbers grow, the index and the search matter more. ExhibitView’s Trial Presenter lists Hot Docs folders and witness folders, an exhibit library in thumbnail or list view, and e-Search for a few or thousands of documents, with search, review and reports. ExhibitView says its desktop products are designed for Windows. For firms that mainly use Macs, its FAQ points to iTrial on the iPad and suggests contacting ExhibitView about the best setup.
What is the checklist for a large exhibit set?
- The numbering rules are set: numbers or letters by party, and no renumbering after the pretrial conference.
- Each exhibit is marked once, and each version of a document has its own number.
- File names match exhibit numbers, and every file has been run through OCR.
- Every physical object has a number and a stand-in page.
- There is one folder per witness, and tomorrow’s folders are built tonight.
- One tracking sheet shows offered, received and limits.
- You reconcile with the deputy clerk and opposing counsel at the end of each day.
- A master index is on paper and on screen.
Conclusion
Set your numbering and file names before the pretrial conference and do not change them. Keep one tracking sheet for what is offered and received, reconcile it with the court and opposing counsel each day, and build tomorrow’s witness folders tonight.
About ExhibitView
ExhibitView makes trial presentation software for lawyers and paralegals, including Trial Presenter for organizing and showing exhibits in court. ExhibitView says its desktop products are designed for Windows, and iTrial is an iPad app for presenting. A short call can show whether it fits a large exhibit set.
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Frequently Asked Questions
How do you keep exhibit numbers consistent through trial?
Set them before the pretrial conference and do not change them. Judge Valderrama says not to renumber afterward, even when exhibits are ruled inadmissible, and Judge Breyer says to mark each exhibit once.
Should exhibits use letters or numbers?
Courts differ. Judge Breyer and Judge Valderrama both use numbers only. Some courts split by party: N.D. Ohio’s local rule has plaintiffs use numbers and defendants use letters unless the court orders otherwise, D. Kan. Bankruptcy and D. Utah Bankruptcy have plaintiffs or movants use numbers and defendants use letters, and D.N.H.’s marking instructions use letters for defendants only when the total does not exceed 78 exhibits. Check your judge’s orders.
How do you handle physical objects in an electronic set?
Judge Valderrama’s order has you give the object a consecutive number and a neutral description, then submit a one-page PDF stand-in with that information. The stand-in lets the exhibit list track objects and appear on the jury’s list.
Is an exhibit admitted if nobody objected?
Not automatically. Under Judge Valderrama’s order, a substantive exhibit with no objection is deemed admissible but not admitted, and you still lay foundation, by stipulation or a witness, and move it into evidence before publishing it.
How do you know what is in evidence?
Reconcile daily. Judge Breyer has counsel compare notes with the deputy clerk at the end of each trial day and bring any differences to the court, and both judges require lists of admitted exhibits.
Do you need OCR on exhibits?
Judge Valderrama’s order requires OCR text recognition on exhibits. Even where it is not required, a searchable set is easier to navigate.
What if you need to add an exhibit during trial?
Tell the other side and the court as soon as possible. Judge Valderrama’s order says that, absent abuse of the process, an exhibit omitted from the original list will not be deemed inadmissible for that reason alone if it was produced earlier in discovery, and a newly admitted exhibit must follow the same file-naming convention.
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