Preparing Exhibits for a Smooth Proceeding

Organize Before the Day

Exhibits handled well keep a deposition moving; exhibits handled poorly stall it. Preparation begins long before the witness is sworn, with a clear plan for what you will introduce and in what order.

Arrange your exhibits in the sequence you expect to use them, and keep a master index that lists each document and its intended number. A tidy index is your fastest reference when the questioning shifts.

• Sequence exhibits by expected use
• Maintain a master index with numbers
• Remove duplicates and stray pages
• Confirm every document is complete and legible

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Pre-Marking and Conventions

Pre-marking exhibits before the session saves time on the record and reduces confusion. When exhibits are numbered in advance, counsel and the reporter can reference them without pausing to mark each one live.

Agree on the marking convention up front. Decide whether exhibits are numbered sequentially across the case or per witness, and confirm the reporter will follow that scheme.

Coordinate With the Reporter

Tell the reporter how exhibits will arrive and how they should be marked. Consistency between your index and the reporter's record prevents mismatched numbering later.

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Handling Exhibits Remotely

Remote and hybrid depositions require a deliberate plan for sharing documents. Decide in advance whether you will use screen sharing, a platform exhibit tool, or a secure link distributed to participants.

1. Choose a sharing method and confirm it with the reporter
2. Have digital exhibits open and ordered before you begin
3. Introduce each exhibit clearly on the record
4. Give the witness time to review the full document

For fully remote matters, distributing an indexed exhibit set in advance often works better than sharing documents one at a time during testimony.

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During the Proceeding

When you introduce an exhibit, state its number and a brief description on the record so the transcript is clear. Move at a pace that lets the witness and the reporter keep up.

Keep track of what has been marked so numbering stays clean, and note any exhibit that is withdrawn or replaced so the final record reflects it accurately.

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Well-prepared exhibits are invisible: they never interrupt the flow of questioning. Invest the time to organize, pre-mark, and coordinate before the session, and the record will stay clean throughout.