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Exhibits and Authenticating Evidence

·

By

ACL

The short answer

Before an exhibit can be admitted, the party offering it must show it is what it claims to be. Courts also allow demonstrative aids that illustrate testimony, and may accept certain undisputed facts without proof.

Where it fits in your case

Exhibits are exchanged before trial and offered through witnesses during trial.

What to expect

  • Authentication can come from a witness with knowledge, distinctive content, or metadata (Rule 901).

  • Texts and emails often need testimony about who sent them and how they were kept.

  • Demonstratives, like charts and timelines, illustrate evidence and may not go to the jury room.

  • Judicial notice covers facts not reasonably in dispute, such as dates or public records.

What we need from you

Original electronic files and devices, and names of people who can identify key documents.

Common misconceptions

  • “A screenshot proves itself.” Someone usually must vouch for it.

  • “Charts are evidence.” They are aids unless admitted.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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