Trial Presentation Toolkit: Exhibit Lists, Foundation Scripts, and Demonstrative Protocols

Document type: Toolkit Practice area: Litigation — Trial Practice Jurisdiction: United States Last reviewed: 5 September 2026

Tool 1 — Exhibit database schema

Views to generate: by Sponsor (witness folders) · by Auth route (certification and stipulation work) · by Proves (coverage check against the verdict form) · blank Proves · blank Auth route.

Tool 2 — Exhibit list for the pretrial order

PLAINTIFF'S EXHIBIT LIST — [Case caption] · [Court] · [No.]

Ex.	Description	Date	Bates	Stip. Auth.	Stip. Adm.	Objection
1	Master Supply Agreement	12 Mar 2021	ABC-000112–000158	✔	✔	—
2	Email, R. Osei to L. Fenn re delivery schedule	4 Aug 2022	ABC-004410	✔	✔	—
3	Quality inspection records, Line 4	2021–2023	ABC-114000–118422	✔ (902(11))	✔	—
4	Summary of invoices and payments (Rule 1006)	—	—	—	—	403; 1006

Plaintiff reserves the right to offer any exhibit listed by Defendant, any exhibit for impeachment or rebuttal, and any demonstrative disclosed under the Pretrial Order.

Tool 3 — Rule 902(11) certification

CERTIFICATION OF CUSTODIAN OF RECORDS (Fed. R. Evid. 902(11) and 803(6))

I, [name], declare:

1. I am the [title] of [Entity]. I am authorized to make this certification and have personal knowledge of the matters stated, including [Entity]'s record-keeping practices.

2. The records produced with this certification, described as [description], Bates [range], are records of a regularly conducted activity of [Entity].

3. Each record was made at or near the time of the occurrence of the matters set forth, by — or from information transmitted by — a person with knowledge of those matters.

4. Each record was kept in the course of the regularly conducted activity of [Entity].

5. Making each record was a regular practice of that activity.

6. The records are true and accurate copies of records maintained by [Entity] in the ordinary course of its business.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on [date] at [place].

_______________________ [Name, title]

Drafting note. Paragraphs 3, 4, and 5 must track the language of Rule 803(6). A certification that paraphrases invites an objection. Where the declarant is not the formal custodian, add a paragraph establishing that they are an "other qualified witness" — familiar with the record-keeping system, not necessarily with the records' contents.

Tool 4 — Rule 902(13) and 902(14) certifications

CERTIFICATION OF RECORD GENERATED BY AN ELECTRONIC PROCESS OR SYSTEM (Fed. R. Evid. 902(13))

I, [name], declare:

1. I am [title] at [Entity] and am qualified by [training/experience] with respect to the [system name] system.
2. The [system] [describe function: records inspection measurements from Line 4 sensors at 30-second intervals and writes them to a database].
3. The system was operating properly during the period [dates]. [Describe calibration, maintenance, and error-checking.]
4. The records produced, Bates [range], were generated by the system in the manner described and accurately reflect the data the system captured.

[Perjury declaration.]

CERTIFICATION OF DATA COPIED FROM AN ELECTRONIC DEVICE, STORAGE MEDIUM, OR FILE (Fed. R. Evid. 902(14))

I, [name], declare:

1. I am [title] at [firm] and am qualified by [training and certifications].
2. On [date] I [imaged / copied] [device or source] using [tool and version].
3. I generated a hash value of the source using [algorithm]: [value].
4. I generated a hash value of the copy using the same algorithm: [value].
5. The values are identical, establishing that the copy is a true and complete duplicate of the source.
6. The files produced, Bates [range], were extracted from that copy without alteration.

[Perjury declaration.]

Tool 5 — Notice of intent to offer certified records

Serve with the certifications, 60+ days out.

Re: Notice under Fed. R. Evid. 902(11), (13), and (14)

Pursuant to Rules 902(11), (13), and (14), [Party] gives notice of its intent to offer the following records as self-authenticating, accompanied by the certifications enclosed.

Ex.	Description	Bates	Certification	Declarant
3	Quality inspection records	ABC-114000–118422	902(11), 902(13)	[name]
7	Supplier invoices	XYZ-002100–004890	902(11)	[name]

The records and certifications are available for inspection at [address / were produced on [date] at the Bates ranges above]. Please advise by [date, at least 30 days before trial] whether [Party] objects to any certification and on what ground, so that any objection may be addressed before trial.

Tool 6 — Stipulation session agenda and form

AGENDA — Exhibit stipulation conference, [date], [duration]

1. Confirm exhibit numbering and the pretrial order's requirements.
2. Work through Plaintiff's list, exhibit by exhibit: authenticity? admissibility? objection and ground?
3. Same for Defendant's list.
4. Identify exhibits requiring redaction and agree the process.
5. Identify exhibits for motions in limine.
6. Agree the demonstrative exchange schedule.
7. Agree deposition designation and counter-designation deadlines.
8. Confirm who prepares the stipulation document and by when.

STIPULATION REGARDING EXHIBITS

The parties stipulate as follows:

1. Authenticity and admissibility stipulated. The exhibits listed on Schedule A are authentic within Rule 901 and are admissible; no party will object to their admission.

2. Authenticity stipulated; admissibility reserved. The exhibits on Schedule B are authentic. Each party reserves all other objections, which are identified on Schedule B.

3. Contested. The exhibits on Schedule C are contested as set out there.

4. No waiver. Stipulating to authenticity waives no objection to relevance, hearsay, prejudice, or any other ground, and constitutes no admission as to the truth of any statement in any exhibit.

5. Certifications. No party objects to the Rule 902 certifications listed on Schedule D.

Tool 7 — Redaction protocol

1. Owner. [Name] owns redactions end to end. No other person applies or alters a redaction. 2. Basis log. Every redaction recorded: exhibit, page, location, basis (privilege / PII / in limine order / protective order / Rule 403 agreement). 3. Application. Redactions applied and the file flattened. Layered annotations are prohibited. 4. VERIFICATION. The redacted file is opened and text-searched for the redacted content. Result recorded. Signed off by the owner and one other person. 5. Naming. EX###_REDACTED_v#.pdf. The unredacted original is stored separately and is never loaded into the presentation system. 6. Distribution. Redacted version to opposing counsel, the court's set, the witness set, the presentation database, and the jury room set — all from the same file. 7. Reconciliation. Before trial and again before deliberations, confirm the file in each location has the same hash.

Verification record

Ex.	Redactions	Flattened	Text search clear	Owner	Checker	Date

Tool 8 — Foundation scripts

BUSINESS RECORD (Rule 803(6)) Q. I'm handing you Exhibit ___. Do you recognize it? Q. What is it? Q. Is this a type of record [Company] keeps? Q. Who creates records of this type? Q. Do those people have knowledge of the information recorded? Q. When is the record created relative to the events it records? Q. Is creating this type of record a regular practice at [Company]? Q. Is it kept in the course of [Company]'s regularly conducted business activity? "Your Honour, [party] offers Exhibit ___."

PHOTOGRAPH Q. Do you recognize what's shown in Exhibit ___? Q. Were you familiar with [the scene] on [date]? Q. Does Exhibit ___ fairly and accurately depict [the scene] as it appeared on that date? Offer.

VIDEO — SILENT WITNESS (Rule 901(b)(9)) Q. Does [Company] operate video recording equipment at [location]? Q. Please describe the system. Q. How are recordings created and stored? Q. Was the system functioning properly on [date]? Q. How was this recording retrieved from the system? Q. Has the recording been edited or altered in any way? Offer.

AUDIO RECORDING Q. Do you recognize Exhibit ___? Q. How was it made? By whom? On what device? Q. Were you present for the conversation recorded? Q. Does it accurately capture the conversation? Q. Do you recognize the voices? How? (Rule 901(b)(5)) Q. Has it been edited? (If enhanced: what was done, by whom, whether anything was added or removed.) Offer.

EMAIL / TEXT (Rule 901(b)(4)) Q. Do you recognize Exhibit ___? Q. Who sent it? To whom? How do you know? Q. Do you recognize the email address / phone number? Q. Does the content refer to matters known to you and the sender? Q. Is this part of a chain? What preceded and followed it? Offer.

DATABASE OUTPUT (Rule 901(b)(9)) Q. What system produced Exhibit ___? Q. How does the system capture and store this data? Q. Who enters it, and when relative to the events? Q. Was the system functioning normally during the period? Q. How was this output generated? Who ran the query? Q. What did the query ask for, and what did it exclude? Offer.

RULE 1006 SUMMARY Q. Exhibit ___ — do you recognize it? Q. What is it a summary of? Q. Approximately how many underlying documents? Q. Have you examined them? Q. Who prepared the summary, and under whose supervision? Q. How was it prepared? What was included and what was excluded, and why? Q. Does it accurately reflect the underlying records? Q. Were those records made available to the other parties? Offer.

Tool 9 — Demonstrative disclosure and design standard

DEMONSTRATIVE DISCLOSURE — [Party], [date]

ID	Title	Type	Status sought	Underlying support	Sponsor
D-1	Project timeline	Timeline	Demonstrative	Ex. 4, 9, 17, 22, 41	Osei
D-2	Invoice/payment summary	Summary	Rule 1006 (admit)	Ex. 100–1240	Fenn (expert)
D-3	Contract comparison	Callout	Demonstrative	Ex. 1, Ex. 6	Osei

DESIGN STANDARD

• Neutral labels. No conclusion in any heading.
• No colour coding that implies fault or wrongdoing.
• Every figure traceable to an admitted exhibit or to testimony; citation available on request.
• Legible from the jury box — tested in the actual courtroom.
• One idea per demonstrative.
• Axes labelled; vertical axis starts at zero unless a stated reason appears on the face.
• No stock imagery; no more than two colours carrying meaning; text 18pt minimum.
• Rule 1006 versions are arithmetic only — totals, categories, dates, no adjectives.
• Tested on a colleague outside the case: understood in ten seconds?

Tool 10 — Motion in limine outline

I. Relief sought, in one sentence. II. The evidence at issue, identified specifically by exhibit number, deposition designation, or category. III. Why a pretrial ruling is needed — the evidence would prejudice if mentioned in opening; the ruling determines the structure of the examination; the demonstrative requires preparation lead time. IV. Argument. A. [Legal ground: hearsay without an exception / Rule 403 / Rule 702 / no foundation possible.] B. [Second ground.] V. The lesser alternative — if exclusion is denied, [redaction / limiting instruction / restriction on the number of items / restriction on republication]. VI. Request for a definitive ruling and confirmation that a standing objection is preserved.

Tool 11 — Offer of proof script

Use immediately when an exhibit is excluded. Outside the jury's presence.

"Your Honour, may I make an offer of proof as to Exhibit ___?

Exhibit ___ is [describe: a two-page memorandum dated 14 June 2022 from [author] to [recipient]].

It was offered to prove [the specific fact, tied to an element].

If admitted, the witness would have testified that [substance].

The exhibit is relevant because [connection to the contested element], and it is not cumulative because [the only other evidence on this point is ___].

I ask that the exhibit be marked for identification and made part of the record."

Always get the exhibit marked and filed. An excluded exhibit that was never marked does not exist on appeal.

Tool 12 — Daily exhibit log

Day ___ · Reconciled against transcript by ___ at ___

Ex.	Offered	Ruling	Limiting instr.	Cond. on	Cond. met	Published

Action items from today's reconciliation:

• Conditional admissions where the connection is outstanding: ___ → plan: ___
• Exhibits offered but not ruled on: ___
• Admitted but not yet published: ___
• Limiting instructions to repeat in the charge: ___
• Numbering discrepancies between courtroom and database: ___

Tool 13 — Deposition designation chart

Witness	Page:Line	Offered by	Counter (Rule 106)	Objection	Ground	Ruling	In edit

• Rulings obtained before trial
• Edited video verified against the rulings line by line by someone who did not edit it
• Running time computed and within any limit
• Transcript prepared as a jury aid; recording is the evidence

Tool 14 — Courtroom technology checklist

• Display type; jury monitors individual or shared
• Who controls the display — counsel, clerk, or court staff
• Connection types and adapters required
• Whether counsel may bring and use its own equipment
• Operator seating at or near counsel table
• Actual exhibit files tested on the actual system
• Video and audio playback tested, including volume in the jury box
• Annotation capability, and whether annotations are recorded
• Document camera available
• Power, cabling, and where equipment is stored overnight
• Paper fallback set for the key exhibits, printed
• Court's preference on paper courtesy copies

Tool 15 — Jury room set verification

Verified by ___ and ___ (independently), on ___

• Set built only from exhibits marked admitted on the exhibit log
• Item-by-item comparison against the log, both checkers signing
• Redacted versions match the versions admitted — hash compared where possible
• No exhibit marked for identification only is included
• No demonstrative is included unless the court has ruled it may go back
• Limiting instructions attached to the exhibits to which they apply
• Deposition transcripts excluded unless the court directs otherwise
• Electronic access method, if any, agreed and locked to the admitted set
• Opposing counsel has reviewed and agreed the set
• Court's approval obtained on the record

Discrepancies found and resolved: ___

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