Steps to Properly Introduce and Admit Exhibits in Court Proceedings (Full Transcript)

Speaker 1: Since a document or photograph can't testify about where it came from or who created it, it must be introduced by a witness. Exhibits should have been distributed beforehand, but they are not admitted as evidence until you follow a certain procedure. You cannot discuss the contents of an exhibit until it has been admitted. There are recognized techniques to get an exhibit admitted. You should follow these steps to introduce your exhibit in court. First, identify the exhibit. For example, you could say, Your Honor, I have marked as Exhibit 3 a photograph of our marital home taken this summer. Second, have a witness authenticate the exhibit. This means explaining where the exhibit came from and how the witness knows about it. The witness could be you during your testimony or another witness who has personal knowledge about the exhibit. For example, a witness who wrote the document or a witness who can testify and identify the object in a photograph because that person saw the object in real life. Third, ask for the exhibit to be admitted. You are making an oral motion to the court about the exhibit you have just identified. You could use these words, Your Honor, I ask to admit Defendant's Exhibit C. Fourth, wait for an objection or a ruling. The judge may ask the other side if there is an objection before deciding whether to admit the exhibit. If there is no objection or if the judge overrules an objection, the judge will admit the exhibit. Once the exhibit is admitted, you can then read it aloud or show the exhibit to the judge for him or her to consider later. You can also ask a witness questions about the contents of the exhibit. Let's look at an example in the courtroom.

Speaker 2: The plaintiff wrote me a letter on August 12th in which she told me I would never see my son again. I have the letter here. It's marked Defendant's Exhibit A. I know this is from her because it's in her handwriting and her signature. I recognize them both. We've been married for 10 years and I know her writing well. I sent a copy of this letter to the opposing party with my exhibit list and I asked it to be admitted into evidence.

Speaker 3: Is there an objection?

Speaker 1: No objection, Your Honor.

Speaker 3: For the record, Defendant's Exhibit A is hereby admitted into evidence. Your Honor, I will now read the relevant section to the court.

Speaker 1: As you can see from this example, every exhibit must be linked to a witness. This witness could be you when you are testifying or it could be another witness that you are questioning. To help with your planning, in your offer of proof for each exhibit, you could write down which witness you want to introduce and talk about the exhibit. This will help you to remember to ask to admit all of your exhibits. An offer of proof will also help you explain to the judge why you think an exhibit is important and relevant if the judge asks you about it or if the other side objects to it.