Legal Definitions - Marked for Identification

When an item is Marked for Identification, it means that a potential piece of evidence in a legal proceeding has been assigned a unique number or letter. This is a procedural step taken to organize and track items that a party intends to introduce as evidence, but which have not yet been formally accepted by the judge into the official record of the trial or hearing.

Think of it as a temporary label. The item is identified so that all parties involved (lawyers, judge, witnesses) can refer to it clearly and consistently during discussions, arguments, or witness testimony, even before it's officially deemed admissible as evidence. If the item is later accepted by the court, it then becomes a formal "exhibit" and typically retains the same identifying number or letter it was originally assigned.

• Example 1: A Witness Identifying a Weapon in a Criminal Trial

  During a robbery trial, the prosecutor wants to show a witness a knife found near the crime scene. Before the knife can be shown to the jury as evidence, the court clerk will assign it a label, perhaps "People's Exhibit 1 for Identification." This allows the prosecutor to ask the witness, "Do you recognize People's Exhibit 1 for Identification?" The witness can then answer, and the court record will clearly show which specific knife was being discussed, even if the judge hasn't yet ruled on whether that knife can be formally admitted as evidence.

• Example 2: Reviewing Documents in a Contract Dispute

  In a civil lawsuit concerning a breach of contract, a lawyer wants to question a witness about a specific email exchange between the parties. The lawyer provides a printed copy of the emails, and the court reporter or clerk labels it "Defendant's Exhibit A for Identification." This ensures that when the lawyer asks, "Referring to Defendant's Exhibit A for Identification, can you explain this message?" everyone knows precisely which document is being referenced, facilitating clear communication and an accurate record of the proceedings.

• Example 3: Photographs During a Deposition

  During a deposition (an out-of-court sworn testimony), a lawyer is questioning a witness about a car accident. The lawyer presents several photographs of the accident scene to the witness. Each photograph is given a unique label by the court reporter, such as "Deposition Exhibit 1 for Identification," "Deposition Exhibit 2 for Identification," and so on. This allows the lawyer to ask specific questions about each photo ("Looking at Deposition Exhibit 3 for Identification, can you point out where your car was located?"), ensuring the transcript accurately reflects which image was being discussed, even though the deposition itself is not a trial and the photos may or may not ever be formally admitted into evidence in court.