Trial Testimony - Method of Marking Documents as Exhibits for Identification and Offering them into Evidence
Step 1: Ask the court to have the document marked for identification.
(By counsel)
Your Honor, may we have the document marked for identification?
[Wait while the court reporter marks the document.]
Note that the adverse party is not allowed to see the document at this point.
Step 2: Lay a foundation for the introduction of the document into evidence by establishing that the document constitutes an admission by the adverse party or an exception to the rule against hearsay, or is admissible under some other rule of law.
Show the document to the witness. Ask the witness the following questions:
Q. I show you this document which is marked as Exhibit___ for identification and ask you if you can identify it?
A. Yes. [1]
Q. What is it?
A. It is a letter which I sent to the ______.
I offer Exhibit __ for identification into evidence.
Step 3: At this point, the court will ask your adversary if he objects to the offer of the document into evidence, and he/she will be given an opportunity to look at it. If your adversary objects to its introduction into evidence, the court will give him an opportunity to state the basis for his objection and will then usually give the proponent of the document the opportunity to reply. The court will then either sustain or deny the objection.
Step 4: If there was an objection, which was sustained, do not give up. You are not prevented from asking further questions in order to lay a proper foundation for the introduction of the document into evidence.
Step 5: If there was an objection, which was not sustained the document will be marked by the court reported as an exhibit in evidence. Before proceeding wait until the court reporter marks the exhibit in evidence.
[1] Answers to the questions are for purposes of the example only.
Step 1: Ask the court to have the document marked for identification.
(By counsel)
Your Honor, may we have the document marked for identification?
[Wait while the court reporter marks the document.]
Note that the adverse party is not allowed to see the document at this point.
Step 2: Lay a foundation for the introduction of the document into evidence by establishing that the document constitutes an admission by the adverse party or an exception to the rule against hearsay, or is admissible under some other rule of law.
Show the document to the witness. Ask the witness the following questions:
Q. I show you this document which is marked as Exhibit___ for identification and ask you if you can identify it?
A. Yes. [1]
Q. What is it?
A. It is a letter which I sent to the ______.
I offer Exhibit __ for identification into evidence.
Step 3: At this point, the court will ask your adversary if he objects to the offer of the document into evidence, and he/she will be given an opportunity to look at it. If your adversary objects to its introduction into evidence, the court will give him an opportunity to state the basis for his objection and will then usually give the proponent of the document the opportunity to reply. The court will then either sustain or deny the objection.
Step 4: If there was an objection, which was sustained, do not give up. You are not prevented from asking further questions in order to lay a proper foundation for the introduction of the document into evidence.
Step 5: If there was an objection, which was not sustained the document will be marked by the court reported as an exhibit in evidence. Before proceeding wait until the court reporter marks the exhibit in evidence.
[1] Answers to the questions are for purposes of the example only.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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Joel R. Brandes Consulting Services, Inc.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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