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					EXHIBITS


LSU LAW TRIAL ADVOCACY BOARD
       2010 WORKSHOP
          Holly Stuart
         Exhibits
             4 Types:
• Real Evidence
• Documentary Evidence
• Demonstrative Evidence
• Demonstrative Aids
                Foundations
• Supporting questions
  How does this witness know about the exhibit?
• Purpose:
  1. Convince the judge that the evidence should
    be admitted and
  2. To persuade the jury
              When and Why?
• When?
  During direct or cross examinations

• Why?
  Break, Allow, Lend, Help
3 Basic Requirements in laying a
          foundation

        • Competent

          • Relevant

         • Authentic
                  Language
1. Mark the exhibit for identification purposes

2. Show the exhibit marked for identification to opposing
   counsel

3. Ask the judge if he wishes to see the exhibit marked
   for identification purposes

4. Ask permission to approach the witness

5. Show the exhibit marked for identification to the
   witness and lay the foundation
     Laying the foundation

• Why is the witness able to answer the question? Is
  the witness competent?

• Why can this testimony be considered reliable? Is
  it authentic?

• Why is this evidence relevant?
     Laying the foundation
• “I’m showing you Defendant’s Exhibit A for
  identification”
• “Do you recognize this?”
• “What is it?”
   – Do not allow the witness to discuss the contents of
     exhibits until they are entered into evidence.
• “How do you recognize it?”
• Real evidence: “Is it in the same or substantially
  same condition as when you last saw it?”
Finally, Offer the Exhibit into Evidence
   • “I now offer what has been marked for
     identification as Defendant’s exhibit A into
     evidence.”

   • Remove the words, “I’d like to….” from any
     examination. Never say, “I’d like to offer what has
     been marked for identification purposes as
     Defendant’s Exhibit A into evidence.” The Court
     doesn’t care what you would like to do.
Once the exhibit is in evidence...

• Publish the exhibit or an enlargement of the
  exhibit to the jury with the judge’s permission

• Ask the witness questions about the exhibit

				
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