Index of Exhibits: Numbering, Redactions, and Objection Window

An index of exhibits is a numbered table listing every document, photograph, or object you plan to offer at trial, and under Federal Rule of Civil Procedure 26(a)(3) you must serve it on the other parties and file it with the court at least 30 days before trial unless the judge sets a different schedule.¹ The index is the backbone of your trial presentation: it tells the court, opposing counsel, and the clerk exactly what evidence exists, how it is identified, and in what order it will appear.

What Goes in Each Row

The index is almost always built as a table, one row per exhibit. At a minimum, each row should carry:

The exhibit number or letter.
A specific description, such as “Purchase Agreement dated March 12, 2024,” rather than “Contract.”
The date of the document.
The number of pages.
Columns for “Offered” and “Admitted,” which the clerk fills in during trial.

The index needs identifying information for the case: caption, docket number, parties, and the name of the attorney or self-represented party submitting it. Some courts want a separate cover page; others want this in the header of the index. Many jurisdictions also require a signed certification that the index is complete and accurate. Local rules often dictate font, margins, and spacing, and a filing can be bounced for ignoring them, so pull your court’s rules before you format anything.

Numbering and Labeling

Each exhibit needs a unique identifier that stays with it through the case. The standard convention is sequential numbers for the plaintiff or prosecution (Exhibit 1, 2, 3) and sequential letters for the defendant (Exhibit A, B, C). Defendants with large exhibit sets often shift to double letters or receive an assigned block of numbers. The court’s pretrial order or local rules typically specify which system applies.

Descriptions should give enough detail that someone can identify the exhibit without opening it. “Exhibit 3: Email” is useless. “Exhibit 3: Email from J. Smith to R. Davis, June 14, 2024, re: Delivery Schedule” lets the judge find the right document while a witness is still on the stand. In document-heavy cases with dozens of similar emails or contracts, that specificity is the difference between smooth testimony and a stalled courtroom.

Pre-Marking and Bates Numbers

Most courts require exhibits to be pre-marked before trial. That means affixing exhibit stickers to each document, typically in the lower right corner of the first page where they do not obscure content. The clerk or court reporter usually supplies the stickers, but attorneys often bring their own. Coordinate with the clerk’s office in advance so your numbering scheme matches what the court expects.

If your exhibits come from a large document production, Bates numbers add a second layer of identification. A Bates number is a unique sequential ID applied to every page of a produced document set, often with a party prefix, such as “SMITH_000001” through “SMITH_025000.” Referencing both the exhibit number and the Bates range in your index (for example, “Exhibit 5: Employment Agreement, SMITH_004210–004218”) makes any specific page easy for anyone to pull up.

Redactions Before You File

Federal Rule of Civil Procedure 5.2 restricts what personal information can appear in court filings, including trial exhibits. You may include only:²

The last four digits of a Social Security or taxpayer ID number.
The year of a date of birth.
The initials of a minor’s name.
The last four digits of a financial account number.

The rule applies to both electronic and paper filings. A person waives the protection of Rule 5.2 as to their own information by filing it without redaction and not under seal, so an accidental filing of your client’s full Social Security number is treated as waiver.² Court filings are public records, and this one is hard to unring. Review every exhibit for these categories before anything gets uploaded.

Noting Authentication for Each Exhibit

An exhibit does not come into evidence just because it is on your list. Federal Rule of Evidence 901 requires the party offering an exhibit to produce enough evidence to support a finding that it is what you say it is. The usual route is testimony from a witness with personal knowledge: the signer of a contract, the photographer of a scene, the recipient of an email. Physical evidence often needs a chain of custody. Digital evidence such as text messages or social media posts may require metadata or IT testimony to show the content has not been altered.³

While the court does not require it, noting the planned authentication method next to each exhibit on your working copy of the index (such as “Witness testimony — J. Martinez” or “Chain of custody documentation”) prevents the mid-trial realization that no one on your witness list can lay the foundation for Exhibit 14.

Some documents skip authentication entirely. Under Federal Rule of Evidence 902, self-authenticating items include sealed and signed public documents, certified copies of public records, official publications, newspapers and periodicals, notarized documents, trade inscriptions, and certified business records with proper notice to the opposing party.⁴ Flagging these on your index lets you plan witnesses accordingly.

Sealed Exhibits on the Index

Exhibits containing genuinely confidential material, such as trade secrets, medical records, or information about minors, may need to be filed under seal. Sealing is not automatic. You have to file a motion stating the specific legal basis for restricting public access, and courts tend to scrutinize these requests because sealing limits the public’s right to view court records.

If sealing is granted, the exhibit still appears on your index, but the description should be generic. “Sealed Exhibit 4: Medical Records” is appropriate. A detailed summary of the contents would undo the sealing. In electronic filing systems, sealed exhibits are submitted through a designated sealed-document event that restricts access; physical sealed exhibits go in a separate envelope marked with the case information.

The 14-Day Objection Window and What Happens If You Miss a Deadline

Once pretrial disclosures go out, the opposing party has 14 days to object to any exhibit on the list. Objections not raised in that window are waived, with the exception of relevance and prejudice challenges under Federal Rules of Evidence 402 and 403.¹ If you receive an opposing exhibit list and sit on it for two weeks, you have likely given up the right to object at trial.

On the other side of the ledger, FRCP 37(c)(1) says a party that fails to make a required disclosure without substantial justification cannot use the undisclosed evidence at trial, at a hearing, or on a motion, unless the court finds the failure harmless. Courts can tack on sanctions, including the other side’s attorney’s fees. Build the index early, update it as discovery produces new material, and do not count on slipping something in late.

Impeachment and Rebuttal Exceptions

Exhibits used solely for impeachment do not have to be disclosed in advance.¹ A document that contradicts a witness’s testimony can be held back for cross-examination without appearing on your pretrial list.

Rebuttal expert evidence runs on a separate clock. If an expert’s testimony and supporting exhibits are intended solely to rebut another party’s expert, the disclosure deadline is 30 days after the other party’s expert disclosure, rather than the general 90-days-before-trial deadline.¹ Rebuttal exhibits often will not exist when your initial index is filed, so plan for a supplemental index.

Filing Format and Copies

Most federal and many state courts require electronic filing. Exhibits are typically uploaded as PDFs, and some courts specify the PDF/A archival format for long-term readability.⁵ Where possible, make the PDF directly from the source document so the text is searchable rather than a flat scan.

Courts may cap file sizes and restrict which formats are accepted for which exhibit types. Documents go in as PDFs; video and audio often as MP4 or AVI. Large exhibits may need to be split across multiple files. Read the court’s electronic filing guide before submission day.

For physical submissions, exhibits go in binders with tabbed dividers matching the index. Each document is marked with its exhibit sticker and placed in sequential order. Many courts want multiple copies: one for the judge, one for the witness stand, one for the clerk. A certificate of service confirming the other parties received the exhibits is standard. Treat the local rules as a checklist, because rejected exhibits are rejected evidence.

1
Cornell Law School. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
2
Cornell Law School. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection For Filings Made with the Court
3
Cornell Law School. Federal Rules of Authenticating or Identifying Evidence
4
Justia. Federal Rules of Evidence Rule 902 – Evidence That Is Self-Authenticating
5
Supreme Court of the United States Office of the Clerk. Guidelines for the Submission of Documents to the Supreme Courts Electronic Filing System