N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.70.28 - Pre-Marking of Exhibits

Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection and shall pre-mark all exhibits as to which no objection has been made for introduction into evidence. Counsel shall also mark all exhibits not consented to for identification only. Counsel asserting objections to the introduction of any proposed exhibit shall be prepared to state the objection with specificity at the pre-trial conference or such other time as the court directs. The pre-marked exhibits as to which there is no dispute shall be marked into evidence, unless the court directs otherwise. If the trial exhibits are voluminous or in a digital or other format that creates practical marking issues, counsel shall consult the clerk of the part for guidance. Exhibits not previously identified which are to be used solely for impeachment, credibility or rebuttal need not be pre-marked.


N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.70.28
Amended New York State Register August 2, 2023/Volume XLV, Issue 31, eff. 8/2/2023

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