Exhibits are where depositions most often go sideways. A reporter can capture every word flawlessly, but if exhibits are mismarked, missing, or impossible to match to the transcript later, the record suffers. This guide covers how exhibits get marked and handled, who does what, and how digital exhibits have changed the workflow.
Who Marks Exhibits and How
In most U.S. depositions, the court reporter marks the exhibits. The questioning attorney hands a document to the reporter, states something like "I'm marking this as Exhibit 5," and the reporter affixes a sticker or stamp and notes it on the record. The reporter does not interpret or describe the document's contents—they simply assign and track the identifier.
Marking conventions vary by jurisdiction and by agreement among counsel:
- Sequential numbering (Exhibit 1, 2, 3...) running straight through the deposition, regardless of which side introduces them. This is the most common approach.
- Party-prefixed numbering (Plaintiff's 1, Defendant's A), often used in multi-party cases or where local rules require it.
- Continuous numbering across an entire case, so an exhibit keeps the same number through every deposition. This avoids the headache of three different "Exhibit 4" documents.
There is no single national rule. Counsel should agree on the scheme on the record at the start, ideally before the first witness is sworn. A 30-second stipulation here prevents weeks of confusion.
Best Practices for Attorneys and Paralegals
Preparation is everything. The smoothest depositions are the ones where exhibits are organized before anyone sits down.
- Bring clean copies, plus sets. A standard setup is the original/working copy for the witness, one for the reporter, and one for each attorney appearing. Pre-mark or pre-tab if your reporter allows it.
- Pre-mark when possible. Many reporters accept exhibits already stamped and Bates-numbered in advance. This dramatically speeds up a document-heavy deposition.
- Keep your own exhibit log. Track the exhibit number, a short description, the Bates range, and the page where it was introduced. Do not rely solely on the reporter's list.
- Don't write on the official exhibit. If a witness needs to mark up a document, use a separate marked copy and have that entered as its own exhibit so the annotated version is preserved.
- Watch for duplicates. If a document was already marked at an earlier deposition, reference the existing number rather than creating a new one when the case uses continuous numbering.
What the Reporter Tracks
The court reporter maintains the authoritative exhibit list, which becomes part of the certified transcript. For each exhibit, expect to see the number, the date marked, and a brief identifier. The reporter also notes whether the exhibit was attached to the transcript or retained by counsel—this matters, because the physical custody of original exhibits is often handled by the attorney who introduced them, not the reporter.
Confirm custody on the record. "The original will remain with counsel" or "Exhibit 7 is attached to the transcript" removes any later dispute about who has what.
Digital and Remote Exhibits
Remote and hybrid depositions made electronic exhibits standard rather than exceptional. The mechanics differ from paper in ways worth understanding.
- Exhibit-sharing platforms (the major remote-deposition tools all include one) let the questioning attorney introduce a PDF live, mark it, and push it to every participant's screen at once. The witness can often annotate on screen.
- Pre-loading vs. live introduction. Some platforms let you upload a binder of documents in advance and mark them on the fly; others require you to share each file in the moment. Know which you're using before the deposition.
- The marked digital file is the exhibit. When an electronic exhibit is introduced, the platform typically stamps it and saves a copy that the reporter receives for attachment to the transcript. There's no physical sticker, so the file's stamp and the reporter's log are the entire chain.
- Keep native files when format matters. Spreadsheets, videos, and color images can lose meaning when flattened to PDF. If the native format is significant, mark and produce it natively and note that on the record.
A practical caution: technology fails. Have a backup plan—emailed PDFs, a screen-share fallback, or paper copies for anyone in the room—so a platform glitch doesn't derail testimony.
Avoiding Common Problems
- Speak the exhibit number clearly every time you reference a document. "Looking at Exhibit 5" anchors the testimony to the record far better than "this document."
- Identify before you question. Establish what an exhibit is, and that the witness recognizes it, before diving into substance.
- Reconcile your log at breaks. A quick comparison with the reporter catches a skipped or doubled number while it's still fixable.
- Don't strip exhibits from the record. If a document was marked, it stays marked, even if you decide not to use it.
Cost and Logistics Notes
Exhibit handling is usually bundled into the reporter's appearance and per-page transcript charges, though some agencies bill separately for scanning, large-volume exhibit handling, or hyperlinking exhibits to the transcript. Fees vary widely by region and by the size of the exhibit set, so ask for a quote when a deposition involves hundreds of pages. Pricing and practices differ from one market to the next, and you can compare court reporters and deposition services for free on this directory to find a professional whose workflow—paper, digital, or hybrid—matches your case.
Good exhibit discipline is invisible when it works and painfully obvious when it doesn't. A few minutes of preparation and a clear stipulation on the record protect the usability of the entire transcript.