Procedure 1. Introduction of Documents or Physical Evidence

Sometimes the parties wish to offer as evidence letters, affidavits, contracts, or other documents, or even physical evidence such as a murder weapon, broken consumer goods, etc. Special procedures must be followed before these items can be used in trial.

Step 1: Introducing the Item for Identification

a. An attorney says to the judge, "Your Honour, I wish to have this (letter, document, item) marked for identification as (Plaintiff’s Exhibit A, Defence’s Exhibit A, etc.)."

b. The attorney takes the item to the clerk, who marks it appropriately.

c. The attorney shows the item to the opposing counsel.

d. The attorney shows the item to the witness and says, "Do you recognize this item marked as Plaintiff’s Exhibit A?"

Witness: "Yes."

Attorney: "Can you, please, identify this item?"

Witness: "This is a letter I wrote to John Doe on September 1." (Or witness gives other appropriate identification.)

e. The attorney may then proceed to ask the witness question about the document or item.

Step 2. Moving the Document or Item into Evidence.

If the attorney wishes the judge or the jury to consider the document or item itself as part of the evidence and not just as testimony about it, the attorney must ask to move the item into evidence at the end of the witness examination. The attorney proceeds as follows:

a. The attorney says, "Your Honour, I offer this (document / item) into evidence as Plaintiff’s Exhibit A, and ask that the court admits it."

b. Opposing counsel may look into the evidence and make objections at this time.

c. The judge rules on whether the item may be admitted into evidence.