TRIAL PRACTICE --STEPS FOR INTRODUCING EXHIBITS

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TRIAL PRACTICE --STEPS FOR INTRODUCING EXHIBITS Powered By Docstoc
					         TRIAL PRACTICE--STEPS FOR INTRODUCING EXHIBITS
                    (Make Sure “Record reflects” Each Step)

      Step 1: “Your Honor, may I have this exhibit marked          Not “these photos,
P-1 (D-a) for identification?”                                     etc.” They have
                                                                   not been
              • In Missouri, Plaintiffs/State uses P-1; S-1--      identified
Defendants use D-a

       Step 2: Show the exhibit to opposing counsel when you
are ready to begin working with the exhibit. “May the record
reflect I am showing P-1 (not “these photos”) to counsel

     Step 3: “Witness, I am handing you what has been
marked as “P-1" (not “two photos”);

      Step 4: Authenticate:                                        Always refer to
                    % “Do you recognize P-1?” (Not “this           exhibit as “P-1.”
photo.” You can’t testify);                                        That is its
                    % “How do you recognize P-1?” (And             name–the
this may differ from other texts–I don’t think you are             exhibit is not yet
permitted to ask the witness what the exhibit is until the         photos and
witness demonstrates a basis for that knowledge);                  won’t be until
                    % “What is P-1?”                               authenticated;

      Step 5: Lay any other needed foundations;

       Step 6: Move exhibit into evidence: “Your honor, I
move the admission of P-1 into evidence.”
             • If exhibit is not admitted, consider an “Offer of
Proof;”

      Step 7: Have witness work with the exhibit.

       Step 8: Obtain permission to Publish (show the exhibit
to the jury);
              • Sometimes, this will be done as part of Step 6,
before the witness works with the exhibit;
              • When jury has the exhibit, do not ask
questions. Let the jury examine the exhibit.