Legal Definitions - exhibit list

An exhibit list is a formal document used in legal proceedings to catalog items that parties intend to present or have presented as evidence. It serves two primary functions: first, as a pretrial disclosure of potential evidence, and second, as an official record of evidence admitted during a trial.

• Pretrial Disclosure: Before a trial begins, each party (e.g., the plaintiff and defendant in a civil case, or the prosecution and defense in a criminal case) is often required to create and exchange an exhibit list. This document identifies, usually by number and a brief description, all the items they plan to introduce as evidence during the trial. The purpose of this advance disclosure is to give all parties an opportunity to review the proposed evidence, raise any objections to its admissibility, and prepare their arguments, thereby minimizing disruptions once the trial is underway.

• Official Trial Record: During the trial itself, the court clerk or a courtroom deputy maintains a separate exhibit list. This document serves as an official, running log of all exhibits that are formally accepted and "admitted into evidence" by the judge. It ensures that there is a clear and accurate record of everything the judge and jury are permitted to consider when making their decision.

Here are some examples illustrating the use of an exhibit list:

• Example 1 (Pretrial in a Civil Dispute): In a lawsuit concerning a breach of contract for a custom software development project, the plaintiff's attorney prepares an exhibit list. This list might include "Exhibit 1: Signed Software Development Agreement," "Exhibit 2: Email Correspondence dated 03/15/2023 detailing project delays," and "Exhibit 3: Invoice for Services Rendered." This list is then shared with the defendant's legal team and the court before the trial, allowing everyone to anticipate the evidence that will be presented and to raise any objections to specific documents in advance.

  How this illustrates the term: This demonstrates the pretrial function of an exhibit list, where a party formally identifies and describes the specific pieces of evidence they intend to introduce, facilitating preparation and dispute resolution before the trial commences.

• Example 2 (Pretrial in a Criminal Case): For a criminal trial involving alleged vandalism, the prosecutor's office creates an exhibit list that includes items like "Exhibit A: Surveillance Camera Footage from Store Front," "Exhibit B: Police Report detailing damage," and "Exhibit C: Photograph of Graffiti on Building." This list is provided to the defense attorney, ensuring that the defense is aware of the evidence the prosecution plans to use and can prepare their cross-examinations or counter-arguments accordingly.

  How this illustrates the term: This example further highlights the pretrial use of an exhibit list in a criminal context, showing how it ensures transparency and allows the opposing side to review and prepare for the evidence that will be presented.

• Example 3 (During Trial Record-Keeping): During a product liability trial, as the plaintiff's attorney introduces various documents and objects, the courtroom clerk diligently updates the official exhibit list. When the judge rules that a specific "Exhibit 12: Manufacturer's Safety Manual (2021 Edition)" is admissible, the clerk adds it to the ongoing list, noting its number, description, and the date it was admitted. Later, when the defense introduces "Exhibit D: Expert Witness Report on Product Design," the clerk adds that to the same official list. This ensures that a precise, real-time record of all evidence considered by the jury is maintained.

  How this illustrates the term: This demonstrates the second function of an exhibit list, where court staff maintain an official, running record of all evidence that is actually admitted and presented during the trial, creating a definitive log for the court record.