Exhibits and Evidence Labels

How are exhibits marked and tied to the written record?

When a party offers a physical or digital item into evidence, the court assigns it an exhibit number or letter. The court reporter notes that designation in the transcript at the moment of identification, so the written record shows exactly which item was discussed. The item itself is marked with a tag or label bearing the same designation. This dual marking,on the object and in the transcript,is what ties the exhibit to the written record.

Why does the transcript need exhibit markings?

The transcript is the official narrative of the trial. Without exhibit markings, a reader could not tell which document a witness was shown or which photograph a lawyer referenced. The markings create a precise link between spoken words and tangible evidence. This link becomes critical on appeal, when judges review only the written record and the exhibits. The Federal Rules of Evidence govern admissibility, but the marking process is a matter of court practice and local rules. Current Rules of Practice & Procedure provides the framework for these rules.

What are the common labeling systems?

Courts generally use one of three systems:

• Plaintiff and defendant numbering: Plaintiff's exhibits are numbered (1, 2, 3), defendant's exhibits are lettered (A, B, C). This is common in federal courts.
• Sequential numbering: All exhibits are numbered in the order they are introduced, regardless of party. This avoids confusion in multi-party cases.
• Hybrid: Some courts use numbers for one side and letters for the other, but with a prefix (e.g., P-1, D-A).

State and local rules vary. Always check the local rules for the court where you are working. The National Archives holds historical court records that show these practices over time, as described in Court Records.

How does the court reporter record exhibit markings?

The reporter typically records a colloquy such as:

THE COURT: The item will be marked as Plaintiff's Exhibit 12 for identification. (Whereupon, the item was marked as Plaintiff's Exhibit 12 for identification.)

The parenthetical note is a standard transcript convention. It signals that an off-the-record action occurred. The reporter may also include a brief description of the item, especially if the exhibit is not read into the record. For more on transcript conventions, see Reading Transcript Codes and Formats.

What is the difference between marking and admitting?

Marking an exhibit means the court has assigned it a designation for identification purposes. Admission means the court has ruled the item is evidence the jury may consider. An exhibit can be marked but not admitted. The transcript will reflect both events. For example:

MR. SMITH: Your Honor, we move Plaintiff's Exhibit 12 into evidence. THE COURT: Admitted.

Only after admission can the exhibit be used during deliberations or cited as evidence on appeal.

How are exhibits tied to the written record after trial?

After trial, the court clerk retains the exhibits. The transcript, which includes all markings, is filed separately. To find a specific exhibit, a researcher must consult the docket and the clerk's office. For federal courts, records less than 15 years old are usually still with the individual court, not the National Archives. Court Records explains that older records are transferred to the National Archives. The transcript's exhibit markings allow a reader to locate the corresponding physical item, assuming it is still available.

What happens when exhibits are sealed or redacted?

Sealed exhibits are not available to the public, but their markings still appear in the transcript. Redacted exhibits may be marked with a public version and a sealed version. The transcript will note the redaction or seal. For a deeper look, see Sealed and Redacted Material.

Comparison Table: Marking vs. Admission

Aspect	Marking	Admission
Purpose	Identify the item for the record	Make the item substantive evidence
Timing	When item is first referenced	After foundation and objection
Transcript notation	"Marked as Exhibit X for identification"	"Admitted into evidence"
Effect on appeal	Allows reference to the item	Allows challenge to sufficiency of evidence
Public access	Exhibit may be available after trial	Same, subject to sealing orders

Decision Checklist for Legal Professionals

1. Confirm the court's local rules for exhibit labeling (numbers vs. letters, prefixes).
2. Ensure the exhibit is pre-marked or marked on the record before questioning.
3. State the exhibit designation clearly for the reporter.
4. After admission, verify the transcript reflects both marking and admission.
5. For appeals, check that the transcript and exhibits are part of the record.
6. For sealed items, confirm the transcript notes the seal without revealing protected content.
7. When in doubt, consult the current Federal Rules of Evidence and local rules, as they may be amended.

Exhibit marking is a small but vital link in the chain of evidence. It ensures that the spoken word and the physical item remain connected in the written record. For further reading on how transcripts become official, see What Makes a Transcript Official.