Information, not advice. This guide describes common practice for litigation staff. It is not legal advice. Rules differ by jurisdiction, court and judge, and orders in your case can change them. Check what governs your matter and ask your supervising attorney.
Where exhibits show up in a transcript
The exhibits themselves are usually separate from the transcript text. The transcript holds the references, and there are four kinds to look for.
- A reporter's exhibit index at the front or back, usually giving the number, a description and the page where each was marked.
- Marking language in a question, as at 2:18 of this site's invented sample.
- A reporter's parenthetical when an exhibit is marked, often worded “Exhibit 1 marked.” Wording varies by reporter.
- Later references by number or by description, such as “that agreement”.
The sample's marking question, as DepoScript writes it:
2:18 Q. I am handing you what has been marked as Exhibit 1.
2:19 Do you recognize it?
2:20 A. Yes. That is the master transportation agreement
2:21 between Northgate and Harbor Point.How to build the index
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Start with the reporter's index, if there is one
Treat it as a lead. It usually gives the number, a description and the page where each exhibit was marked.
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Search the transcript for marking language
Try “marked”, “Exhibit”, “Ex.” and the reporter's parentheticals. Pre-marked exhibits may be handed over with no marking words, so search for the number too. See searching a transcript.
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Record the first mention as page:line
Write the number, the description used on the record, and the page and line of the question that introduces it.
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Add the later mentions
Note where the witness identifies the exhibit, where counsel asks about its contents, and any passage that refers to it only by description.
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Check the numbering convention
Do numbers continue across days and volumes, or restart? Is a number used twice? See multi-day deposition volumes.
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Match the index to the files
Add the Bates range and any trial exhibit number, and confirm that the file you hold is the version that was marked.
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Flag the handling
Note any confidentiality designation on the exhibit, and whether it is needed for a designation.
The columns of an exhibit index
| Column | What to record | Where it comes from |
|---|---|---|
| Exhibit number | The number as marked, with any prefix such as Smith or Pl. | The marking question or parenthetical |
| Description | The words used on the record, then the document's title | The question that introduces it |
| Marked at | Page:line of the first mention | The marking language |
| Identified by | Who identified or authenticated it, and where | The answer after the marking |
| Discussed at | Later page:line ranges | A search for the number and the description |
| Cross-references | Bates range; trial exhibit number | The exhibit file and the exhibit list |
| Handling | Confidentiality designation; sealed or not | The protective order |
What goes wrong
- Trusting the reporter's index alone. It may show where an exhibit was marked and not where it was discussed, and it can miss one handed up without a formal marking.
- Number collisions. Exhibit 1 on day one and a new Exhibit 1 on day two, or one document carrying different numbers in different depositions.
- Drifting descriptions. The record says “the agreement” and the file has another title. Record both.
- A different version. The exhibit in your file is not the one the witness was shown. Compare the pages and the Bates range.
- Pre-marked exhibits. With no marking words at the point of use, a search for “marked” misses them.
- Forgetting confidentiality. A confidential exhibit can carry its designation into the index, a summary or a filing.
How DepoScript helps
DepoScript keeps the page and line on every line, so each mention of an exhibit already carries its cite. Pages it recognises as an index are labelled in the Markdown and kept out of the Turns list, the reporter's parentheticals are separate turns that the Turns filter can find, and the Checks tab lists what was set aside. It reads the transcript only, not the exhibits, and it does not build the index for you. Try the converter. Free: 1 file per day, up to 10 pages, no account. See pricing.
Questions
Does the transcript include an exhibit index?
Often, at the front or back, but not always, and the layout varies by reporter. Check the first pages and the last.
What is the difference between marking and admitting an exhibit?
Marking identifies a document for the record of that deposition. It does not decide whether the exhibit is admissible at trial. Trial exhibit numbers are usually separate.
Why do exhibit numbers differ between depositions?
Each deposition may have its own sequence, or the parties may agree one for the case. The same document can carry different numbers, so keep a crosswalk.
How do I cite an exhibit?
A common form is Smith Dep. Ex. 1, with a page inside the exhibit if you need one. Use the form your court expects.
What if an exhibit was marked before the deposition?
Pre-marked exhibits may be handed over with no marking words, so search for the number as well as for “marked”.
Who keeps the exhibits?
Arrangements vary. In federal court, Rule 30(f)(2) has marked exhibits attached to the deposition on request, and lets the producing party substitute copies and keep the originals. Ask the reporter or the party that marked them.
Does DepoScript read the exhibits?
No. It converts the numbered lines of a transcript PDF. It does not read or index exhibit documents.
Keep reading
- Searching a transcriptFind testimony by term, speaker and exhibit, and record every hit as page:line.
- Multi-day deposition volumesVolume numbering, continuous or restarting pagination, and citing across volumes.
- Designations for trialPage-line designations, objections and counter-designations, and how the ranges are built.
- All twelve guides