Exhibits are pre-marked and listed in the pretrial order, then offered during testimony after a foundation is laid. Once admitted, they may be published to the jury and generally go to the jury room during deliberations.
Objections to exhibits are typically resolved before trial through the pretrial order or motions in limine.
Alternative Names:
Exhibit, Evidentiary Exhibit
Why it Matters?
Documents that go to the jury room get read repeatedly during deliberations, which gives admitted exhibits disproportionate influence compared to testimony jurors heard once. That makes the exhibit fight worth serious attention: keeping a damaging document out matters more than any cross-examination of the witness who authenticated it, and getting favorable documents admitted ensures they are present when the jury actually decides.
Frequently Confused with
Related terms
Frequently asked questions
Do exhibits go to the jury room?
When are exhibit objections resolved?
