Trial question. Whats the difference between exhibit is marked for "identtification only" and "identification and admitted into evidence".

EnvironmentalAd3558 · 2024-01-22T17:43:07+00:00

For the judge to consider the exhibit it must be admitted into evidence. Until admitted they are marked for identification only so if there is an appeal and the judge refused to admit it the judges on appeal will know what was talked about. Exhibits can be admitted when both sides agree and absent agreement by the judge if a foundation is laid.

Many exhibits are sometimes marked just in case they may be needed, but then not used at trial because of developments in the testimony, as when a witness admits a fact which makes using the document unnecessary.

Fwooply · 2024-01-22T16:37:43+00:00

I think it's just different stages of vetting. "Admitted" means it meets court standards and the judge will likely be willing to look at it. "Identification only" means that it's being considered but can be objected to, hasn't been authenticated, is up in the air.

In my experience, CA courts don't really like the he-said, she-said stuff. They also don't like accusations that don't come with a CPS report or police report. Maybe she has a lot of that kind of stuff.

Ultimately this is a lawyer question tho.

FUMoney · 2024-01-22T20:23:04+00:00

All trial exhibits are marked before trial. This is how you distinguish and identify each exhibit. You could have hundreds, even thousands of marked exhibits.

But only a portion of the marked exhibits will be admitted into evidence, meaning admitted by the trial judge to be considered by the jury, or the judge in family court. Usually, a fair number of marked exhibits are never used, and are never admitted at trial.

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