Trial Exhibit Management

[EDRM Editor’s Note: The opinions and positions are those of Sheila Grela.]

During a panel on trial practice at the recent Masters’ Conference in Los Angeles, moderated by Professor Shannon Bales, panelists emphasized the critical role of consistency—blending humor, real-world anecdotes, and practical advice to make the discussion both engaging and insightful. I had the privilege of joining Phil Nickels, Senior Trial Technology Strategist at Munger, Tolles & Olson (“MTO”), Patricia Hartnett, Director of Legal Project Services, Program & Strategic Operations at MTO, and Grady Glover, CEDS, on the panel.

This article won’t recap the panel discussion but will instead focus on helping readers sharpen their skills in exhibit management. Kevin M. Clark of the Master Conference provided his list of key takeaways at: https://www.linkedin.com/feed/update/urn:li:activity:7293145672378130434/

Phil and his fellow panelists underscored the importance of consistency in exhibit handling, illustrating their points with humor, war stories, and sharp insights that made even seasoned professionals rethink the power of organization. They reinforced that while trial preparation may not be glamorous, it is the foundation of a seamless courtroom presentation—transforming the chaos of litigation into a compelling, structured narrative when done right

One key takeaway from the discussion—the Rosetta Stone of the conversation—was the critical need for cooperation between counsel to ensure smooth trial proceedings. Without it, trial prep becomes a minefield of redundant exhibits, last-minute objections, and logistical nightmares. The second essential takeaway? Every exhibit must be clearly labeled and formatted to avoid disruptions in court. These may seem like small details, but they are the details that can make or break the flow of a trial.

1. Understanding Court Requirements and Compliance

Each jurisdiction enforces specific exhibit formatting and submission requirements, typically outlined in court orders and local rules. Adhering to these guidelines prevents procedural errors and ensures exhibits are presented in an acceptable format. Common sources of exhibit requirements include:

• Advance Trial Readiness (or Review) Order (ATRO)
• Case Management Order (CMO)
• Final Pretrial Order
• Final Status Conference Order (FSC Order)
• Local Court Rules for Trial Procedures
• Pretrial (Scheduling) Order
• Standing (Trial) Order
• Trial Management Order (TMO)
• Trial Preparation Instructions
• Trial Readiness Order (TRO)
• Trial Setting Order

Failure to comply with these requirements can result in procedural setbacks that may impact case strategy and delay proceedings. Thoroughly reviewing court orders in advance ensures that exhibits are properly formatted, labeled, and submitted on time.

One example from the San Diego Superior Court is the Advanced Trial Review Order, which includes a detailed ‘Pre-Trial Checklist’ and a list of judge-mandated items for the ‘Joint Trial Notebook.’ This serves as a valuable reference for attorneys preparing for trial. https://www.sdcourt.ca.gov/sites/default/files/%20/PAGE/SDCOURT/GENERALINFORMATION/LOCALRULESOFCOURT/ROCDEPARTMENTRULES/DEPARTMENT60/D60%20ATRO.pdf

2. Coordination with Opposing Counsel

To streamline trial proceedings and eliminate redundant exhibits, legal teams typically exchange exhibit lists before trial. Best practices suggest:

• Exchanging exhibit lists at least 30 days before trial to allow sufficient time for review and revisions.
• Using a standardized format (such as a spreadsheet or court-approved template) to ensure clarity and consistency.
• Participating in pre-trial meetings to resolve admissibility concerns, especially regarding digital exhibits.

Courts often require the submission of exhibit lists in specific formats, and early coordination with opposing counsel ensures smoother proceedings and reduces objections during trial. One such example is the Joint Trial Readiness Conference Report format from the San Diego Superior Court. One unique attribute of this form is that it includes a numerical list of the grounds for objection that are standardized for that county.  https://www.sdcourt.ca.gov/pls/portal/docs/page/sdcourt/generalinformation/forms/civilforms/civ252.pdf

3. The Importance of Exhibit Branding and Marking

“Exhibits must be clearly labeled to facilitate smooth trial proceedings. Phil Nickels emphasized that every exhibit page should include a combination of an exhibit number and a sequential page number.”

A reliable approach is to use footer branding with standardized numbering, such as:

• TX 0540-Page 1
• TX 0540-001

The following example illustrates exhibit branding, showing the first and last pages of a 51-page exhibit.”

Clear and consistent labeling prevents courtroom disruptions, ensuring that judges, arbitrators, and attorneys can quickly identify exhibits without confusion.

Exhibit Numbering Guidelines

Jurisdictions, such as the Superior Court of California, County of Los Angeles, enforce specific rules on exhibit numbering:

Following these guidelines ensures that exhibits are accessible, well-organized, and compliant with judicial expectations.

4. Leveraging Digital Exhibit Presentation Tools

Advancements in trial technology allow for seamless digital exhibit management, significantly improving courtroom efficiency. Tools like TrialDirector and OnCue enable attorneys to:

• Synchronize exhibits with witness testimony.
• Create exhibit callouts for impactful evidence presentation.
• Highlight key evidence effectively in real-time.

Using digital platforms streamlines exhibit retrieval, reduces technical delays, and enhances trial presentations.

While digital exhibit presentation tools like TrialDirector and OnCue offer efficiency and precision, they are not without challenges. Technical glitches, compatibility issues, and learning curves can slow down even the most prepared legal teams. Some courts may have limited technology infrastructure, requiring backup plans for displaying evidence. Additionally, file formatting discrepancies and real-time connectivity issues can disrupt the flow of trial presentations. To mitigate these risks, teams should test their tools in advance, have printed or offline backups, and ensure courtroom compatibility before trial begins.

5. Best Practices for Exhibit Management

Beyond numbering and organization, case management teams should apply a structured coding system to categorize exhibits efficiently.

A well-designed coding system streamlines exhibit retrieval and reduces confusion during trial. According to Debbie Reynolds, “The Data Diva,” inconsistent or vague coding can lead to delays and misidentification of key documents. She recommends establishing a standardized rating system that categorizes exhibits based on their significance to the case.

For example, documents can be prioritized using a numerical scale:

• 4 – Highly relevant (critical trial evidence)
• 3 – Important (strong supporting exhibit)
• 2 – Relevant but secondary
• 1 – Low priority or background material

Alternatively, exhibits can be categorized by their impact:

• Hot – Good (Strong evidence favoring your case)
• Hot – Bad (Potentially damaging evidence that needs counterarguments)
• Hot – Neutral (Context-dependent exhibits)
• Important (Key but not case-determinative)
• Relevant (General background documents)

Issue Coding for Strategic Case Organization

In addition to prioritizing exhibits based on relevance, legal teams must also consider how exhibits align with specific case themes and legal arguments. This is where issue coding becomes essential.

Issue coding is a critical tool that enables legal teams to organize exhibits based on case-specific topics, witnesses, or legal claims. This approach ensures that each document is linked to key litigation themes, facilitating faster retrieval and strategic trial preparation.

Legal teams can assign issue codes to exhibits that correspond to:

📌 Case Themes – Key legal arguments such as breach of contract, fraud, or negligence.
📌 Witness Associations – Documents relevant to specific witness testimony.
📌 Key Legal Elements – Exhibits linked to required elements of a claim or defense.
📌 Privilege & Confidentiality – Marking documents as privileged, confidential, or subject to redaction.
📌 Deposition Cross-References – Coding exhibits that are tied to deposition transcripts for streamlined witness examinations.

By integrating issue coding along with a structured categorization system, trial teams can quickly locate high-priority exhibits, anticipate potential challenges, and ensure seamless courtroom execution. A well-coded exhibit database minimizes disruptions and keeps the focus on persuasive advocacy, not last-minute scrambling.

Additional Best Practices for Exhibit Management

✅ Maintain a Master Exhibit Index – A centralized record prevents duplicate exhibits and ensures clarity.
✅ Ensure Consistency Across Platforms – Coding both documents and transcripts with a uniform coding system reduces confusion and supports case preparation at all stages of litigation.
✅ Use Sequential Numbering – Avoid subpart numbering (e.g., Exhibit 104b); opt for a simple numerical system.
✅ Track Exhibit Details – Maintain a log of exhibit numbers, descriptions, issue codes, and witness associations.

To ensure these exhibit lists remain well-structured and easily accessible, integrating a systematic document coding process is essential.

6. Trial Exhibit Coding

Document coding in a review or presentation platformis a powerful tool that enhances organization, duplicate detection, and trial preparation. By systematically coding documents, legal teams can quickly identify exact duplicates, reducing redundancy and ensuring consistency across trial materials.

A well-designed coding panel typically includes fields for key trial details, such as exhibit numbers, witness associations, deposition cross-references, and objections. This structured data can be exported into customized trial reports, streamlining exhibit management and ensuring seamless trial preparation.

With exhibit lists structured and digital tools in place, legal teams can further enhance trial efficiency through document coding. By systematically categorizing exhibits with metadata, keynotes, and relevant case details, attorneys and paralegals can streamline retrieval, reduce redundancy, and ensure seamless courtroom presentation. A well-implemented coding system allows for quick cross-referencing of exhibits with witness testimony, deposition transcripts, and objections, ensuring that critical evidence is always at their fingertips. When done right, trial exhibit management doesn’t just keep things in order—it strengthens advocacy, minimizes surprises, and gives attorneys the confidence to focus on what truly matters: winning the case.

7. Exhibit Lists

The exhibit list requirements of various venues can feel like a game of legal bingo—every court has its own unique rules, formats, and expectations for exhibit lists. Some judges require hyper-detailed cross-references, linking each exhibit to a specific witness, while others prefer a simple, sequentially numbered list. Attorneys can efficiently navigate these differences by thoroughly reviewing local rules, coordinating with court clerks when needed, and leveraging standardized templates or software to adapt exhibit lists to the venue’s specific requirements. By proactively understanding these variations, legal teams can avoid last-minute scrambles, ensure compliance, and maintain a seamless trial workflow—no guesswork required.

Think of exhibit management as a high-stakes choreography, where every document, image, and demonstrative must be in perfect sync. The verbs associated with this task read like the playlist of a well-rehearsed production: tracking every exhibit from its inception, commenting to ensure clarity, planning for courtroom presentation, categorizing to group related materials, reviewing for accuracy, and finalizing to lock everything in place before trial.

An exhibit list isn’t just a catalog—it’s a strategic roadmap that aligns evidence with key arguments. A well-organized exhibit list doesn’t just ensure that exhibits are properly labeled and ready for submission; it can also serve as a valuable reference tool for witness outlines. Attorneys rely on these lists to align exhibits with key witness testimony, ensuring seamless transitions during direct and cross-examinations. By linking exhibits to specific deposition transcripts or anticipated trial questions, the list becomes a living document that helps structure arguments and enhance case presentation.

Additionally, an exhibit list is a powerful coordination tool for the entire trial team. Paralegals, attorneys, and trial technologists use it to track exhibit status—whether an exhibit has been pre-admitted, objected to, or still pending court approval. It ensures that everyone is on the same page (literally and figuratively) when it comes to presenting evidence.

Done haphazardly, exhibit lists become a tangled mess of confusion, objections, and frantic page-flipping at counsel’s table. But when executed with precision, they become the unsung hero of trial preparation—transforming what could be a chaotic scramble into a smooth, seamless courtroom performance, where every exhibit is perfectly timed, every witness is prepared, and every argument is fully supported by well-organized evidence.

Images of two styles of exhibit lists:

8. Conclusion

Trial exhibit management isn’t just about organization—it’s about survival. A seamless trial presentation doesn’t happen by chance. It takes strategic prep, airtight systems, and a near-obsessive attention to detail. Coordination and communication matter. So does consistent exhibit branding. Thorough exhibit coding is your secret weapon against chaos. When done right, trial prep eliminates last-minute scrambles. In the courtroom, the difference between leading the narrative and losing your audience often comes down to how quickly and seamlessly evidence is displayed. Stay ready. Win cases. Training your team to use these tactics effectively will save both time and money in the courtroom.

Providing a confidential, detailed exhibit list to your legal team, including attorney notes, associated witnesses, and pertinent issues, can significantly enhance trial preparation. For instance, generating reports that list exhibits related to specific issues is invaluable for associates developing examination outlines. Additionally, creating tailored reports that identify exhibits and provide detailed information about each one is an enormous help.

Effective trial exhibit management is crucial for a successful courtroom presentation. It requires strategic preparation, robust systems, and meticulous attention to detail. Key components include coordination, communication, and consistent exhibit branding. Implementing thorough exhibit coding serves as a vital tool to prevent disorganization. Proper trial preparation minimizes last-minute challenges, ensuring that evidence is presented swiftly and seamlessly, which can be pivotal in maintaining the jury’s engagement and leading the narrative. By mastering exhibit management, legal teams can reduce surprises, enhance their advocacy, and gain a critical edge in litigation. When strategy meets execution, trial teams gain a decisive advantage.

Start integrating these best practices now to streamline your workflow and enhance trial efficiency. Implementing a structured coding system is essential for efficient document review and case analysis. A well-prepared exhibit list is more than just a catalog—it’s a strategic roadmap that connects case strategy, witness testimony, and courtroom presentation.

By maintaining a master exhibit index, coordinating with opposing counsel early, leveraging digital tools effectively, and ensuring meticulous document coding, legal teams can eliminate last-minute chaos and stay in command of the courtroom narrative. Technology has revolutionized exhibit presentation, but preparation remains key. Testing digital tools in advance, maintaining backups, and adhering to court-specific requirements ensure seamless execution when it matters most.

Ultimately, the difference between an organized, persuasive case and a disjointed, confusing presentation often comes down to exhibit management. The most successful trial teams understand that preparation isn’t just about compliance—it’s about commanding the courtroom with confidence. By embracing best practices, refining workflows, and leveraging technology wisely, legal professionals can transform exhibit management into a competitive advantage. Start implementing these strategies today, and turn preparation into your greatest asset in litigation.

Assisted by GAI and LLM Technologies per EDRM GAI and LLM Policy.