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At depositions, of your witness or theirs, there are two actions you almost always should take (whether you represent the deponent or are adverse to the deponent). If a physical or electronic item produced at the deposition is important to your side of the case, say: ?I offer Deposition Exhibit X into evidence.?
To be admissible, a demonstrative exhibit must be relevant, probative, and authenticated. Moreover, it must satisfy the rules concerning hearsay (MRE 801-806). Finally, if the demonstrative exhibit is presented in summary form, it must satisfy MRE 1006.
Foundation is formed from three elements: Authenticity; Reliability; and Relevance must be established before an exhibit can be admitted as evidence. [When you are ready to introduce an exhibit, pause and retrieve two copies of the exhibit from your table.] Lawyer: ?Your honor may I approach the witness??
Once you have identified the exhibit and laid a foundation for it, ask the judge to admit the exhibit into evidence. Say: ?Your Honor, may plaintiff's/defendant's Exhibit 1/A be admitted into evidence?? If you have not laid a sufficient foundation, the other side may object.
A document, photograph, object, animation, or other device formally introduced as evidence in a legal proceeding. An attachment to a motion, contract, pleading, or other legal instrument.
Introducing Exhibits Hand copy of exhibit to opposing counsel while asking permission to approach the bench. ... Show the exhibit to the witness. ... The witness identifies the exhibit. Offer the exhibit into evidence.
Introduce Your Demonstrative Exhibits Early In order to be legally admissible, a visual has to be substantially similar to your case. It also may not take up undue time, and it cannot be misleading or too dramatized.
11 Steps to Introducing Exhibits at Trial STEP 1: Mark your exhibit for identification. ... STEP 2: Show your exhibit to opposing counsel. ... STEP 3: Show your exhibit to the judge. ... STEP 4: Develop a factual basis for admitting your exhibit into evidence. ... STEP 5: Offer your exhibit into evidence.