Exhibit List for Trial: Organizing Evidence

Grocery list, chore list, to-be-read list—there are a lot of inventories that don’t have dire consequences if you neglect them. A messy or out-of-date exhibit list for trial, on the other hand, can create havoc for litigators. Maintaining an organized exhibit list is crucial to presenting evidence effectively.

To effectively support your trial strategy and support successful client outcomes, each exhibit list for trial must be organized, accurate, and include the right components. 

Why an Exhibit List Is Important

Creating and updating an exhibit list is essential to ensure smooth legal proceedings and present compelling evidence. To ensure that no document or item is left out, notes should be consistently marked and reviewed. Complete and succinct exhibit lists: 

• Boost your team’s efficiency and profile during trial
• Support compliance with court rules, including Federal Rules of Evidence (FRE)
• Help you plan and implement your legal strategy
• Ensure clarity when introducing a witness exhibit in front of the court

Key Components of an Exhibit List

What exactly is on your exhibit list? Typically, this involves populating several specific fields within a spreadsheet or a specialized app/platform interface. Including a detailed description of each item allows both the jury and the judge to understand the significance of the evidence being introduced. 

The following usually appear in the official exhibit list submitted to the court: 

• Exhibit number/letter
• Designation of Plaintiff’s Exhibit or Defendant’s Exhibit
• Description 
• Names of parties
• Case number
• Trial date

Additional recommended fields include: 

• Status—admitted into evidence, discarded during trial prep, draft pending edits, etc.
• Origin date (e.g., document creation, communication incident)
• Source (e.g., subpoena, medical records recovery, legal graphics partner)
• Storage location

Exhibit lists can also map out details relevant to research and trial preparation: 

• Relevance—what does the exhibit prove or disprove?
• Potential admissibility objections or issues with FRE Article IV¹

• Connection to a narrative timeline, witness, event, or argument
• Assigned authentication method(s) under FRE Rule 901 or 902^2,3

Finally, consider adding hyperlinks or bookmarked links to: 

• The working file of e-discovery named on the exhibit list
• Digital metadata file
• Digital authentication record documenting collection and preservation methods
• Related exhibits or demonstratives

How to Prepare an Exhibit List for Trial

When preparing an exhibit list for trial, consistency is crucial. Ensure that each exhibit list aligns with the specific requirements of the jurisdiction, whether it be California or any other area. Use the same language, format, order, and process as the rest of your team and firm to save time and boost accuracy. Regular sessions to update team members on exhibit-related issues can ease the trial preparation process.

Steps for Gathering and Categorizing Exhibits

When you have a system in place and are ready to set up the exhibit list for a new case, follow these steps: 

1. Gather all potential evidence (e.g., documents, communications, objects, visuals)
2. Review and identify gaps, opportunities, and irrelevant items
3. Populate your spreadsheet or app/software (see “Key Components of an Exhibit List” above)
4. Add desired items that are not yet obtained or created
5. Update the list with changes and additions in a timely fashion

From here, the following steps include both the exhibit list and the evidence itself: 

6. Mark each item with stickers in the location/color/etc per relevant court rules
7. Format page numbering to include the submitting party and exhibit number
8. Make tabbed, bound physical copies for the judge, opposing counsel, and your team
9. Generate a formal exhibit list per court rules and copy it at the front of each binder
10. Label each binder with the case name and range of exhibits included

Finally, make your deliveries:

11. Serve the formal exhibit list and bound copies to the opposing party
12. File the formal exhibit list and bound copies with the court clerk before the deadline

Court Requirements and Deadlines

While there are many commonalities, each jurisdiction, local court, and even individual judge may have unique requirements. Refer to the relevant set of court rules and review them for deadlines, formatting, labeling, submission requirements, and other guidelines. 

Base your primary exhibit list template on the most commonly used rules for your team. With each case, include steps to:

• Confirm you’re using the correct and current set of court and evidentiary rules 
• Check on any additional requirements established by the assigned judge
• Create new templates/versions for new jurisdictions 

Common Mistakes to Avoid with Exhibit Lists

Along with every useful list of “do”s is a list of “don’t”s. To that end, avoid: 

• Missing your exhibit list submission deadline
• Incomplete descriptions 
• Neglecting to keep the list up to date

One mistake attorneys often make is treating the exhibit list like a procedural step instead of a message to the court and jury that reinforces trial strategy. The way you organize and present exhibits shapes how your arguments are received.

Optimizing Exhibit Introduction in Court

Introducing exhibits during a trial is both an art and a science. Beyond organization, it requires an understanding of procedural and psychological tactics that shape how the judge and jury perceive your case. A powerful strategy is to link each exhibit with a key narrative message, reinforcing important aspects of the case. To deliver a strong presentation, it’s vital to synchronize exhibits with verbal arguments, integrating visuals with spoken testimony to effectively counter objections.

Tools and Services to Streamline Exhibit List Management

You don’t need to start from a blank page with every case. Consistency and team communication will benefit from relying on tools and services that help you manage your exhibit lists: 

• Litigation, trial presentation, e-discovery, and document management systems
• Standalone electronic exhibit management tools
• Virtual legal meeting platform with integrated exhibit management
• Litigation support services, including document and exhibit creation and management
• Spreadsheet templates using advanced tools and formatting options

Just as in the business market, where presentation and structure can influence consumer behavior, the clarity of your exhibit list influences how your case materials are perceived.

Bringing It All Together for Trial Success

TrialQuest, the trial services division of U.S. Legal Support, is here to help. Our team provides trial strategy and support services, including trial graphics and demonstratives, ranging from still images to interactive presentations. We offer animation, illustration, photography, videography, and 3D modeling. 

You can also partner with us on trial presentation and technology services, voir dire and jury research and consulting, mock trials, and witness preparation. 

Whether you want better visuals, clearer strategy, or stronger delivery, we can support your trial needs.

Ready to learn more? Contact us about trial exhibits and support, as well as court reporting, realtime transcription, interpreting, record retrieval, AI-powered deposition and medical record summarization, litigation consulting, and more. 

Sources: 

1. Cornell Law School. Federal Rules of Evidence. https://www.law.cornell.edu/rules/fre
2. Cornell Law School. Federal Rules of Evidence: Rule 901. Authenticating or Identifying Evidence. https://www.law.cornell.edu/rules/fre/rule_901
3. Cornell Law School. Federal Rules of Evidence: Rule 902. Evidence That Is Self-Authenticating. https://www.law.cornell.edu/rules/fre/rule_902

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.