Practice Pointers for Administrative Hearings: Use of Exhibits

This article is about using exhibits in administrative hearings. When preparing for a hearing, lawyers should think about the facts they need to prove and what exhibits they will need to prove those facts. It’s important to plan ahead and not wait until the last minute to gather exhibits. Lawyers should also talk to their witnesses to see if they have any useful exhibits. They should also make a trial notebook or outline to help them during the hearing. All exhibits must be 8.5 by 11 inches in size or foldable to that size, and larger versions of exhibits can be displayed at the hearing. If a document has multiple pages, it must have page numbers and be stapled or bound together. If only a few pages of a large document will be used, it’s better to just use those pages as the exhibit. Before a hearing, exhibits need to be marked with a number, and if there’s a prehearing stipulation, the same exhibit numbers should be used. Parties can also offer joint exhibits, which means they agree on the admissibility of the exhibits, but they may still disagree with the content. Attorneys should avoid unnecessary exhibits, such as presenting both witness testimony and a written letter with the same information, unless the letter is needed to prove something specific. Stipulated facts should be accepted without the need for additional proof. Demonstrative exhibits are visual aids used during a hearing to help explain testimony. They aren’t usually admitted as evidence, but sometimes they are if they’re referred to a lot. Hearsay is when someone tries to prove something with evidence that is just someone else’s statement, and it’s not usually allowed unless it falls within certain exceptions. Exhibits like diagrams and charts created by expert witnesses are usually allowed in hearings as long as the expert can be questioned about them. An expert witness can give their opinion based on facts and data that they rely on. However, if a document is not normally allowed in court, it doesn’t become admissible just because an expert used it. If you want to use a document as evidence, you have to show that it meets the requirements for an exception to the hearsay rule. This means proving that the document is what it claims to be and meets the qualifications for the exception. To offer a document as evidence, you have to give it an exhibit number, show that it’s real, and then have a witness talk about it in court. For example, they might say, “This is a letter I got from Mr. Grant in December 2010 about his boat dock.” One mistake attorneys make is talking about an exhibit with a witness before the exhibit is officially accepted into evidence. If there’s an objection, the exhibit should be offered into evidence so the objection can be discussed and ruled on. It’s important to do this to avoid wasting time and effort on inadmissible evidence. Once an exhibit is admitted, it can be used to help question witnesses more effectively. When lawyers are in a hearing, they should use the evidence they have to ask questions and make their case stronger. Instead of just asking the witness what they think, they can use documents or letters as proof. This saves time and helps them control the case better. It’s like writing the story of the case so that the lawyer has more control. The attorney takes control of the discussion about exhibits to make sure the record is clear. They ask the witness specific questions about the exhibits to support their argument. The witness explains how their tests and the exhibit support their opinion, and also points out a difference in the equipment used at another facility. The attorney shows that their proposed boiler is not the same as the one in the other facility. If your exhibit is not allowed in court, you should have a backup plan to prove your point. You can ask the judge to consider your exhibit as a proffer, which means it will be put in the record but not considered as evidence. If you have to present rebuttal evidence, be ready to do so without asking for a break to prepare new exhibits. Rebuttal in a legal case is when one party responds to new evidence brought up by the other party. It’s not okay to use rebuttal to make up for missing evidence or to make your case stronger. Exhibits, like documents or photos, can be used as evidence in a case. It’s important to plan and prepare for using exhibits in a trial. Make sure to talk to your witnesses about exhibits and have a backup plan in case an exhibit isn’t allowed as evidence. Business records must be made at or near the time they relate to, by someone with knowledge, and kept as part of regular business activities. In certain legal proceedings, the order of presenting evidence is important.

Source: https://www.floridabar.org/the-florida-bar-journal/practice-pointers-for-administrative-hearings-use-of-exhibits/