In the hearing I just concluded, the judge never marks exhibits for identification. The attorney will reference an exhibit, "Please turn to Exhibit A in the binder," and they'll talk about that exhibit, but he never enters it for identification. Then he only admits certain exhibits that pertain to that witness, and not others that they've also talked about.

So my question is, when they simply reference an exhibit is do I put it in my index as being marked for identification?

In this hearing there are exhibits A-BB. But only J, K, L, M, N and U were actually admitted into evidence on the day of my hearing. Do I list all the exhibits that were referenced to in my index or only the ones that are marked and admitted into evidence?

Wow, I made this confusing. Any help would be greatly appreciated!!

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T"heoretically, based on your scenario, A-BB should be individually listed in the index as received and marked for identification; J, K, L, M, N and U as received and marked in evidence.

However, since I didn't always mark the exhibits, and didn't know what the clerk was marking them as despite what was announced, I just let the record speak for itself and never included them in an index. I did, however, put the clerk's remarks on the record, in colloquy.
This was an Office of Administrative Hearings case, so there was no clerk to double check with. I'll just index the ones they mention, and mark those that were moved into evidence accordingly. I guess that would be the easiest way. Thank you for your suggestions :D
I never double checked with the clerk as to what was marked, and what it was marked as; nor did I index the exhibits unless I marked them. When the clerk did the "marking" I let the record speak for itself.
This is what I do.... I only make an index of exhibits admitted into evidence.

So my table looks like this
EXHIBIT NUMBER-------------------- PAGE

And that's it. I don't even put a description

Hope that helps.
Arielle, that sounds good to me! thank you! :D


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