Deposition Exhibit Handling Considerations

-Jeffrey Koller, Hutchings General Counsel, Client Services

Here are a few things to consider:

· The identifying and marking of exhibits by the reporter at the request of counsel

· Keeping track of the complete exhibit (all of the pages)

· Differentiating between the exhibit marked to the deposition and other copies of the same that might be present on the conference table

· Producing additional copies of the exhibits for attending counsel and/or the witness

· The handling of original documents – are they retained, stipulated to another party or the reporter?

· What if the deponent won’t release or takes with them the exhibits marked to the deposition?

· How to mark the exhibits and where?

· Dealing with photographs, documents with writing, odd shaped exhibits (containers, surgical instruments, etc.), signature lines (placement of exhibit stamp), color vs. black and white preference when it comes to copying exhibits

· What formats are available for delivery of the transcript (just paper, electronic format, hyperlinked text to exhibits)?

· Does the information you're incorporating into the deposition contain privacy protected data of the individual such that additional precautions should be undertaken by counsel to assure its present and future handling?