Witness and Exhibit Lists

A Levels Academy Islamabad

Transcript

00:00Even though it makes for great drama, surprises in court are not encouraged.

00:05The time leading up to trial should be spent in preparation.

00:09Not only so you know what to expect, but also the court itself.

00:13No aces up the sleeve, or rabbits in a hat, or that long, colorful napkin magicians pull out of their throat.

00:20Every judge is a little different, but most will require you to prepare a list of witnesses and exhibits that you plan to use at trial,

00:27and to require both you and your opponents to exchange these lists.

00:31A judge's pre-trial order will spell out what's required for witness lists.

00:36Usually you must provide the full name of each witness along with their full address,

00:40so hopefully you won't have to call a nomad to be a witness.

00:44Often the judge will require more than a list of the names of your trial witnesses.

00:48For example, the judge might also require you to generally describe or summarize what subject matters each witness will be testifying about.

00:56An exhibit list must contain a basic description of each piece of evidence you're using, all numbered.

01:02Whether it's electronic, like an email, or physical, like a car part or a rhinoceros.

01:08Also remember, it's your right to ask to see your opponent's exhibits, and you should exercise that.

01:14You never want to be caught off guard by an adversary.

01:17Not only that, but if your opponent tries to call a witness or use an exhibit that's not on the list,

01:22you can object and the court may disallow that evidence.

01:25Sometimes the judge will require even more to help streamline the trial.

01:29For example, the judge may require that you and your opponent write down the facts and law that you both agree on.

01:36That agreement is called a pre-trial stipulation.

01:39Once your exhibit list is set, most judges ask that each exhibit be pre-marked,

01:44which just means the items should be labeled with their own letters and numbers for easy identification in court.

01:50And remember, make copies.

01:53You should have at least three copies of any document you intend to offer as evidence.

01:57One copy for you, one copy for the other party, and one copy for the judge.

02:02If you need any additional help with your witness and exhibit lists, or anything involving a case, you can count on LegalYou.