Evidence and Exhibits

Documents, pictures, and other physical evidence are called “exhibits.” Like witness testimony, exhibits must be presented during the trial and the rules of evidence apply to any exhibit that a party “offers” as evidence. When you offer an exhibit as evidence, you are asking the judicial officer to admit (allow) the evidence and make it part of the official record of the trial.

When you offer an exhibit, you must be prepared to explain why it is allowed under the rules of evidence. Also, even if the other party agrees to admit the exhibit into evidence, you would still need to explain the significance of the exhibit to the judicial officer if you want to use it to support your claim.

If you can't show that an exhibit is admissible under the rules of evidence, it will not be allowed as evidence and you will not be able to use it in your case.

Before the trial starts, the judicial officer might ask if you and the other party have “stipulated to the admissibility” of any of the exhibits. Stipulating to admissibility means that both sides agree that an exhibit should be considered as evidence in the trial. It is common to stipulate to the admissibility of evidence if there is no dispute that the document or object is authentic. For example, in a breach of a contract case related to repairs on a home, both sides might stipulate to the admissibility of a photograph of the roof taken on a particular date.

If you are representing yourself, you need to decide what to offer as exhibits to prove your case. If you are not sure what your exhibits should be, you may want to talk to a lawyer. Court staff cannot tell you what exhibits to offer as evidence.

No, the decision whether to offer any exhibits is up to you. However, people often make the mistake of thinking that the judicial officer will already know certain information without exhibits that expressly show it. Court cases do not work this way. If the information is important to the outcome of your case and you want the judicial officer to decide something a certain way, then you have to prove it through the evidence you present as part of your case. How you do this will depend on the situation and what you are trying to prove.

These issues are complicated, and every case is different and will require a different approach. You may want to talk to a lawyer for help with deciding what exhibits you should offer as evidence to best prove your case.

Yes. In most cases, the judicial officer will issue something called a pretrial or scheduling order. The order will likely include a deadline for when you and the other party must exchange Exhibit Lists (and Witness Lists). The Exhibit List is a brief description of each of the documents and/or objects you plan to offer into evidence at the trial. The judicial officer may also require the parties to show each other their exhibits before the day of the trial. This allows both sides to better prepare for trial.

Even if the judicial officer does not order it to be exchanged before the trial, creating an Exhibit List may help you better prepare for trial.

You can send the other party a letter asking for their list. If you do, keep a copy of the letter for your records. If the other party never gives you their exhibit list, at the time of the trial you can ask the judicial officer to consider not letting them offer any exhibits.

Below are some common steps for offering an exhibit. Keep in mind that these are general steps, and each case and/or each judicial officer may require something slightly different.

Also, these steps may be different if you are in a virtual hearing.

1. Show the exhibit or provide a copy to the other side (or their lawyer if they are represented).
2. Show the exhibit or provide a copy to the witness. You should ask the judicial officer if you can “approach the witness.” In some cases, the bailiff/deputy or court staff may show the exhibit to the witness.
3. “Lay the foundation” for the exhibit.
4. Ask the judicial officer to enter the exhibit into evidence. The other party (or their lawyer, if they are represented) may object to the exhibit if they have a reason.
5. If the exhibit is admitted, mark the exhibit for identification using letters or numbers. The pretrial or scheduling order may specify how the judicial officer would like each party to mark their exhibits in advance, or this may be done by court staff at the trial when something is offered into evidence.

 Some of these steps are explained in more detail in the questions below.

NOTE: Most courts are using the Minnesota Digital Exhibit System (MNDES) to upload digital exhibits (audio, video, documents, and images) for hearings and trials (if your case is in Hennepin County, contact court administration to ask whether you will be able to use MNDES for your exhibits). How you share exhibits with the court, how you show exhibits during the hearing, and how you mark exhibits may be different if using MNDES. To learn more about MNDES, visit the MNDES tab above.

When you offer exhibits at the trial (or before, if ordered to do so earlier), you must have the original document or object, and at least three copies of any documents (one copy for the judicial officer, one copy for you, and one copy for each of the other parties). These steps may be different if you are in a virtual hearing.

Each party’s exhibits will need to be marked. Exhibits are typically marked by placing a sticker on the document or object with consecutive letters or numbers (for example, “Exhibit 1,” “Exhibit 2,” “Exhibit 3,” etc.). Sometimes, exhibits are marked before the day of the trial. If the pretrial or scheduling order assigns exhibit numbers for each party to use, this is how the exhibits should be marked. Some judicial officers prefer that the court clerk or court reporter mark the exhibit when it is offered at trial instead.

NOTE: If the court where your case is filed is using the Minnesota Digital Exhibit System (MNDES), the marking will be done through MNDES. Visit the MNDES tab above for more information.