• An exhibit is defined as a document or other item or object produced in a court as evidence. Exhibits can be anything other than oral evidence. The only requirement is that they can be perceived by the senses and produced in court.
• The evidence laws in all Australian states and territories and federally define exhibits such as ‘documents’ in their interpretation sections and generally include anything that is a record of information such as:
  • anything which has writing on it;
  • anything which features symbols, marks, figures or perforations that have a meaning for someone qualified to interpret them;
  • any sound, image or writing that can be reproduced with or without the aid of anything else; and
  • a photograph, map, drawing or plan.
• Maps or photographs can be part of the evidence describing or setting a scene and assisting in the telling of the story of what happened. They can add to the court’s understanding of the evidence, the witness’s position in the events or even add emotional impact otherwise difficult to obtain through oral testimony.
• Exhibits are usually admitted into evidence while examining a witness and it is usually advantageous if the exhibit is entered into evidence early in the examination-in-chief so that it can be extensively referred to as the witness tells their story.
  • The witness must be competent to confirm the authenticity of the exhibit and confirm that it is directly relevant to an issue of the trial.
  • There may be several witnesses who can qualify an exhibit (swear to its authenticity and relevance). If this is the case the appropriate witness to introduce the exhibit is the one who has the most knowledge of the exhibit and who will make the best impression on the judge or jury when speaking about it.
• Every exhibit must meet basic requirements before it will be admitted into evidence:
  • the qualifying witness must be capable of attesting to (stating under oath) the authenticity of the exhibit and testifying from their first-hand knowledge that the exhibit is what it is described to be; and
  • the exhibit must be relevant based on the evidence given up to that point in the trial, the pleadings and what the parties say about its relevance.
• The formal procedural steps that are required before an exhibit is admitted into evidence during a trial include:
  • showing the exhibit to the opposing party;
  • having the exhibit put before the witness and authenticated;
  • explaining to the court what the exhibit is and how it is relevant to the case;
  • tendering the exhibit into evidence by giving it to the court’s staff; and

ensuring the exhibit is made available to all members of the jury if applicable.