Premarking Exhibits (106.7.a)
1. Counsel are to premark all exhibits that may be introduced at trial and be prepared to submit to the Clerk, the Court, and opposing counsel, at least one business day prior to the scheduled trial date, two copies of an exhibit list. Unless counsel so desire, it is not necessary to provide a copy of the exhibits to opposing counsel or to the judge. All exhibits are to be marked with the court-approved tags and shall be retained by counsel until they are presented at trial. The Court's exhibit tabs are available on the Court's website under Forms and as follows:
2. It is desirable that the admissibility of as many exhibits as possible be stipulated so that these exhibits may be admitted into evidence at the beginning of trial. Those exhibits so stipulated should receive the first exhibit numbers.
3. Per L.R. 107.5.b, unless otherwise ordered by the Court or counsel requests that a particular exhibit be marked for identification only, whenever an exhibit number is first mentioned by counsel during the examination of a witness at trial, the exhibit shall be deemed to be admitted into evidence unless opposing counsel asserts an objection.
4. Exhibit tabs for numbering and attaching to the exhibits are available on this page and also on the Court's website under Forms. A blank exhibit list is also available on the Court's website under Forms.
- A tag should be stapled to the upper left corner of the exhibit.
- The number of the tag should correspond to the number of the exhibit described on the exhibit list. If the document to be marked is small and could possibly be lost or misplaced because of its size, it is requested that you staple the document to a larger sheet of paper and affix the tag to same.
- If the documents are small and numerous they may be grouped, given the same exhibit number and placed in a large, letter size envelope.
- For tags on groups of photographs or checks, please affix a separate tag on each photograph/check and number as follows: 1-A, 1-B, etc. Insert the full case number on the sheet of tags, and,if there is more than one party or more than one case being tried simultaneously, please insert the name of the one party you represent or all case numbers on each tag before copying.
- Please copy appropriate number of tags needed and cut them so they may be attached to the exhibits.
5. When numbering exhibits, it is preferred that the following colors of ink be used to write the exhibit number on the tags to designate parties:
- Plaintiff/Government - Red
- Defendant - Blue
6. Leave the "Admitted" and "Identified" areas blank on the exhibit list and tags.
7. Give a brief description of each exhibit on the exhibit list. The list should be typewritten and double-spaced.
De Bene Esse Deposition - 106.2.k.
If a party desires to introduce into evidence at trial portions of a deposition in lieu of live testimony, the agreed portions and objected portions designated by page and line shall be listed in the proposed Pretrial Order.
Disposition of Exhibits - 107.5.d.
Counsel are should read Local Rule 107.5.d(i) and acquaint themselves with the procedure for disposition of all trial exhibits at the conclusion of the case.