Can exhibits sent to the other party be slightly different from the ones submitted to the court?

[Jay Sunn]

Jurisdiction

California

My exhibits will be many pages. Is it okay if to the court some of them are in color, but to the other side, I send black and white copies? Also, I'd like to tabulate the exhibits so the judge can access them quickly (again, they are numerous). Is it okay to do this but send to my opponent an un-tabulated stack of exhibits? These differences do not affect the substance of the exhibits, merely their aesthetics and form of presentation. Thank you.

 

[Tax Counsel]

My exhibits will be many pages. Is it okay if to the court some of them are in color, but to the other side, I send black and white copies? Also, I'd like to tabulate the exhibits so the judge can access them quickly (again, they are numerous). Is it okay to do this but send to my opponent an un-tabulated stack of exhibits? These differences do not affect the substance of the exhibits, merely their aesthetics and form of presentation. Thank you.

Color and B&W photos are not the same. People see things differently in color than B&W. Some details may be easier to see in one format or the other. You need to provide to the other copies of exactly what you intend to offer as evidence. If you don't, then at least in my state (which is not CA) the opposing party may be object and ask the judge to prevent the jury from seeing that evidence. You probably don't have to make a great deal of effort in binding the pages, etc for the other side, but don't make it a mess either, with pages out of order or organized in some misleading way. Ultimately, what the other side should get is what the jury will see when you present the evidence in court.

 

[zddoodah]

No and no.