Reference

What is an exhibit stamp?

An exhibit stamp marks a document as a specific exhibit at a deposition, hearing, or trial. It tells everyone in the room which paper is being discussed, and it is what the record will point back to when the transcript says please turn to Exhibit 7.

What an exhibit stamp contains

The minimum is the word Exhibit and its identifier. Most practice settings add more so the mark stands on its own in the record:

  • Exhibit identifier. EXHIBIT A or PLAINTIFF'S EXHIBIT 12.
  • Party designation. Plaintiff's, Defendant's, Joint, or Court's.
  • Case identifier. Case name or docket number, common on trial exhibit stamps.
  • Witness and date. Standard on deposition exhibit stamps, sometimes with reporter initials.
Tabbed and stamped exhibit binders laid out on a conference room table
Exhibit stamps identify the document; tabs and binders organize the set.

Exhibit stamp vs Bates stamp

AspectExhibit stampBates stamp
PurposeIdentifies a document as an exhibit at a proceeding.Uniquely identifies every page of a production.
ScopeUsually the first page of the document.Every page, without exception.
FormatExhibit A, Plaintiff's Exhibit 12, Deposition Exhibit 7.Prefix plus zero-padded number, such as SMITH-000123.
Applied whenBefore a deposition, hearing, or trial.At production, before documents go to the other side.
SequenceRestarts per proceeding or per witness.Continuous across the entire matter.

The two coexist. A trial exhibit is normally a document that was already produced and Bates stamped, so the exhibit stamp is added on top and the Bates range stays legible for the record.

Where to place the stamp

Lower-right on the first page is the default. Because that is also where the Bates number lives, move one of the two marks: keep Bates in the bottom-right and put the exhibit stamp in the bottom-left or upper-right, or follow whatever your court's standing order specifies. The rule that never bends is that neither mark may cover original text, signatures, or handwriting.

Marking an exhibit set

  1. Confirm the numbering convention from local rules, the standing order, or the pretrial order.
  2. Work from copies of the produced, Bates stamped PDFs, never from originals.
  3. Assign exhibit identifiers in the order you plan to use them, leaving room for gaps if the order may change.
  4. Apply the exhibit stamp to the first page in a corner that leaves the Bates number readable.
  5. Build an exhibit list mapping each exhibit identifier to its document description and Bates range.
  6. Circulate the list with the exhibit set so opposing counsel and the reporter are working from the same index.

Exhibit stamp questions and answers

What is an exhibit stamp?

An exhibit stamp is a mark placed on a document to identify it as a specific exhibit in a deposition, hearing, or trial, for example Exhibit A or Plaintiff's Exhibit 12. It usually appears on the first page and often includes the case caption and a date or witness line.

What is the difference between an exhibit stamp and a Bates stamp?

A Bates stamp is a unique sequential identifier on every page of a production, used to cite individual pages. An exhibit stamp identifies a whole document as a numbered exhibit at a proceeding, and normally appears only on the first page. A document can carry both.

Where should an exhibit stamp go on the page?

The lower-right corner of the first page is the most common placement, with the Bates number moved or kept clear so the two marks do not collide. Some courts prefer the upper-right corner. Never place either mark over original content.

Are exhibits numbered or lettered?

Both conventions are in use. Many courts and practitioners use letters for plaintiff exhibits and numbers for defense exhibits, or the reverse; others number everything sequentially. Check the local rules, the judge's standing order, and any pretrial order before you mark anything.

Should I stamp the original document?

Stamp a copy, never the original. Keep the unmarked source file in a separate folder so you can regenerate exhibits if numbering changes before the hearing.

What goes on a deposition exhibit stamp?

A typical deposition exhibit stamp carries the exhibit number, the case name or number, the deponent's name, the date, and sometimes a line for the reporter's initials.

Can I apply an exhibit stamp digitally?

Yes. Electronic exhibit stamps are standard in remote depositions and e-filed exhibit sets. Apply the stamp to a PDF copy so the mark is burned into the file the court and the witness see.

Apply exhibit stamps and Bates numbers in one pass

Set an exhibit label, a confidentiality designation, and a Bates sequence, then stamp. Files are processed on your device and never uploaded.