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Types of Exhibits in Court: An Overview
In addition to believable witnesses and compelling arguments, evidence is what can help win cases at trial. An item of evidence introduced in a courtroom proceeding is known as an exhibit, and there are several types of exhibits in court to be familiar with:
According to the U.S. Department of Justice, an exhibit is “physical evidence or documents that are presented in a court proceeding,” but that’s a very short descriptor for a very long potential exhibit list.1
Exhibits entered into evidence must pass admissibility criteria and take on the important task of helping to capture the jury’s attention and sway jurors toward your arguments by helping them:
The discovery phase of trial preparation often means wading through a mountain of depositions, documents, and research before you whittle your exhibit list down to what will be used at trial.
As you gather relevant evidence, you’ll need to identify how it will be used and what category it falls under. Witness testimony is considered testimonial evidence, but evidence that will be entered as exhibits fall into these two primary legal categories2:
Further breakdowns include:
Do you know how to prepare exhibits for court? Creating a detailed inventory is critical not just for admitting exhibits at trial but also to help legal teams keep track of all the data and evidence evaluated during discovery.
For this, first identify whether an item is:
Then, record its format and properties. Exhibits may include:
Along with a detailed inventory, teams can add labels to each item with a unique identifier.3 Note that courts often use numbering to represent plaintiff exhibits and letter coding for defense exhibits.4
Not every item of evidence gathered during discovery will be used to support a case either leading up to or during a court trial. This leads to another method of categorization: usage and admittance4:
You can also categorize evidence into5:
In order to be admissible, exhibits need to meet certain criteria. In federal courts, evidence must be6:
State regulations differ on the fine points of exhibit admissibility, so direct evidence may be required to meet additional guidelines or restrictions depending on the specific court system.
Additionally, attorneys also need to prove that exhibits meet the admissibility standards, typically in two ways. Evidence must be:
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Today, our trial services include the elite trial service and consulting firm TrialQuest, adding greatly to our combined experience and expertise.
After supporting more than 20,000 high-risk trials, arbitrations, and mediations, we can plan and create demonstrative exhibits, legal graphics, and animations that can make a difference for your case. From still to interactive deliverables, our team offers photography, videography, animation, illustration, and 3D modeling.
We also work with a network of 5,000+ court reporters and transcriptionists nationwide and offer litigation consulting, record retrieval and analysis, interpreting and translation services, and more.
Reach out today to discuss your trial exhibit and other litigation support needs.
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Content published on the U.S. Legal Support blog is reviewed by professionals in the legal and litigation support services field to help ensure accurate information. The information provided in this blog is for informational purposes only and should not be construed as legal advice for attorneys or clients.