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I need a crash course in preparing exhibits... because my…

I need a crash course...
I need a crash course in preparing exhibits... I'm Pro Se because my attorney dropped out a few weeks ago and the adverse party just informed me that we need to exchange exhibits by the end of the day tomorrow. I have my exhibits, how do I present them? Do I just say Exhibit A "description" in the title of the file I'm emailing him? Also, if my evidence consists of hundreds of emails from one particular person, do I have to present each email as an individual exhibit or can I just say "Exhibit A, emails between myself and Mr. X... between the dates of...."?
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Customer reply replied 1 month ago
Anyone here? For example, one of may points that I need to make is that I had a "good" relationship with a certain person and I can show that by presenting our emails we've shared over the last year. In all, there are about 100 individual emails, and they must all be read to really get the point across... do I need two label each email as an exhibit?
Answered in 3 hours by:
3/9/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 496
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for about 20 years. Can you tell me what state you are in so that I can respond considering the correct court rules?

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Customer reply replied 1 month ago
kansas

Is the case in a federal or state court and I assume this is a civil (not criminal) matter?

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Customer reply replied 1 month ago
civil. I'm on my way to get some exhibit stickers but I need to have everything to the other attorney by 5 today...
Customer reply replied 1 month ago
What are the requirements?

You will want the original documents when available (not copies) and you will want to mark those originals and also mark one copy for your files. If you are emailing or electronically providing those exhibits to the opposing side, then that is sufficient. If you are providing hard copies you will want an additional set for them. If the exhibit is something that was exchanged between you and the opposing side during discovery, you may not have to attach the actual exhibit to any email (though that ensures no claims can be made that the other side didn't understand what you were describing as a proposed exhibit or did not have a copy). You will want to provide anything you may choose to submit as an exhibit during the trial. Failure to disclose may result in your inability to present that in court. Also, I have not yet had a chance to thoroughly review the Kansas rules (though they look very similar to federal rules so the same things likely are generally true whether your case is in state or federal court in Kansas) but it is generally expected that you will also provide a list of those exhibits. And you are correct that you would just list Plaintiff or Defendant Exhibit A, B, C or 1, 2, 3 and then an identifying description of the exhibit (e.g., if an email - Email to x from y dated s/s/ss). If you have hundreds of emails to and from the same people, it is ideal to list each email, but if that can't be done in the time remaining, you can put emails to and from between a period of dates but then also I would identify how many printed pages of emails that entails, if you know, or find some way to be sure there is no question what emails you are identifying. This list should include a case caption with case name, court in which it is pending, and docket number at the top and should be titled something like Plaintiff/Defendant (whichever you are) Exhibit List or something like that. The list is helpful to you as well as it provides further evidence of what you did provide to the opposing side and a guide during trial of what you want to try to get admitted as actual evidence. Exhibit stickers are used to identify exhibits (e.g., Plaintiff's Exhibit 1, Defendant's Exhibit 1). Different courts have different rules on whether the stickers are to be affixed prior to or during trial. It may be worth waiting until you meet with the opposing attorney and see/ask what that attorney did or calling the clerk's office of the court where your case is pending to ask if they can answer that question. As a pro se litigant the court should be there to help with this administrative rather than legal questions (they obviously cannot give you legal advice). Just a quick search did also provide the link below to one of the Kansas county's court forms. Usually forms are statewide, but to be sure I would look for a similar page on the court site where your case is pending.

http://www.dc18.org/rules/cvrules.shtml#Rule%20206

As you can see here, you may also need to complete a pre-trial brief or questionnaire providing information to the court, which includes (among other things) your anticipated exhibits. You will want to check to make sure if this type of filing is required that you know the deadline for that to be submitted to the court.

Finally, you mentioned emails from someone. It is important to note that if the person sending the emails is a party to the action those emails may be admissible, but if that person is not a party to the case, you may not be able to admit those emails as they may constitute hearsay. If you are trying to get them in and the person is not a party and the purpose is to show a good relationship - you may be able to argue they are admissible because they are not technically hearsay. Hearsay is out of court statements introduced to prove the truth of the statement but instead you would be seeking to have the court consider the emails not to rely on the truth of any statements made in them but rather to show the friendly relationship and demeanor in the emails. This is a confusing area of the law and not directly what your question asked, but I did want to point out that you may want to find someone to help you determine whether you will actually be able to get those emails in. If the person who sent them does actually testify and disputes that you had a good relationship you can present the emails to that person to show the person is not being truthful. Again, this can get confusing and I hope I am not confusing you as this goes beyond what you need to do at this point for the exhibit list and exchange, but just wanted to point out the issue.

If you need further help, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate a 5 star rating at this time.

Please note: This is for informational and educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
Sorry, I got distracted... do I have to affix the sticker to the documents or can I fix the sticker to the folder that the documents are in?

The sticker should be affixed to the actual document - not a folder - as it will become (if admitted) a formal court exhibit that if the court's decision is appealed has to be easily reviewable. You can staple pages together to create a single exhibit but just be aware that if the court ultimately let's only some of the pages in you will have to, during court or during a recess/break, separate and relabel. The court reporter - if there is one - may also affix exhibit stickers during the actual trial as things are admitted.

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Customer reply replied 1 month ago
can you recommend any youtube type videos to watch that will give me an idea of what to expect?

Give this one a try and then the one below that is some guidance on how to get them admitted into evidence during the trial. Keep in mind each court system is a little different, but this provides some basic information and visual help.

https://video.search.yahoo.com/search/video?fr=yfp-t&p=youtube+preparing+exhibits+for+trial#id=1&vid=74cdc80bb0356eeac043b546c0599c83&action=click

https://video.search.yahoo.com/search/video?fr=yfp-t&p=youtube+preparing+exhibits+for+trial#id=3&vid=fb50e22b526eacaa358910750f17e098&action=view

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Customer reply replied 1 month ago
Thanks, ***** ***** be available later this evening or tomorrow to all on the phone? If so, I'll leave this open

I should be - it will depend on the time; but I will leave this open. Tomorrow may be easier but just let me know via request for a call.

Attorney Wendy
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Satisfied Customers: 496
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 1 month ago
I'm sorry, last follow up... how do I number my exhibits greater than Z? This is such a complicated case and I have about 40 exhibits... should I label them AA, BB...?

Yes, just start using AA, BB, CC when you get through the alphabet the first time.

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