What are the rules for exhibits in court?
The rules governing exhibits are in Practice Direction 32. The rules for exhibits are identical for affidavits and witness statements (I will refer to witness statements throughout). There are a few things to note:
Can a witness fail to comply with the exhibits?
The “exhibiting” of documents to witness statements and affidavits is common. It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. Here we look at the rules relating to exhibits and useful guidance in relation to the use of exhibits at trial.
Do you have to exhibit documents in a civil case?
Always consider whether it is necessary to exhibit the document at all. In many witness statements (particularly those prepared for trial, it is not not). In the Handbook for Litigants in Person (which was written by six judges) it is said that exhibiting documents is not always essential.
Do you need to file exhibits with a lawsuit?
If you’re filing exhibits in conjunction with a complaint, answer, motion, or other court document, you typically file everything together in one package. Some types of lawsuits require specific exhibits to be filed along with the court documents. If the exhibits aren’t included, your lawsuit may be dismissed.
The rules governing exhibits are in Practice Direction 32. The rules for exhibits are identical for affidavits and witness statements (I will refer to witness statements throughout). There are a few things to note:
When do you get to see the other side’s exhibits?
According to the Civil Rules of Procedure, you get to see the other side’s exhibits before the hearing/trial so that you can think about any objections or comments you might have, just as they get to see yours. This is called exchanging exhibits.
The “exhibiting” of documents to witness statements and affidavits is common. It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. Here we look at the rules relating to exhibits and useful guidance in relation to the use of exhibits at trial.
Always consider whether it is necessary to exhibit the document at all. In many witness statements (particularly those prepared for trial, it is not not). In the Handbook for Litigants in Person (which was written by six judges) it is said that exhibiting documents is not always essential.