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Smooth Courtroom Moves: The "Exhibit Dance", Maureen A. Howard

Articles

Current court rules often require parties to identify proposed exhibits in advance of trial, as well as objections to the other side’s evidence, so the judge can make pretrial rulings on admissibility issues (e.g., FRCP 26). This practice saves precious trial time, minimizes the time that jurors are banished during sidebar discussions between judge and counsel, eliminates in large measure surprises about how the evidence will shape up at trial, and arguably promotes settlement. It also allows the exhibits to be pre-marked for identification, further streamlining the trial process.

Nonetheless, trial lawyers still need to be able to lay hands …