Legal Services Offshore blog
Building a deposition exhibit index that survives review
Organize exhibits by deponent, mark, and source page while counsel controls objections, use, and the record.
The index is a control, not a list
A deposition exhibit index connects each marked exhibit to its source document, the transcript reference, and the counsel-approved description. When it is built during the deposition, the record stays usable. When it is reconstructed weeks later, marks and descriptions no longer match the transcript.
Capture the identifying fields
Record the deponent, the exhibit number, the date marked, the source document and page range, the description used on the record, and the reviewing lawyer. Add a field for the transcript page where the exhibit was introduced. Keep the fields stable across depositions so a master index can be built without rework.
Match the mark to the source
The exhibit number on the sticker must match the number in the index and the number in the transcript. Compare the first page of the produced document with the description before entering it. Where the document is a compilation, record the covered page ranges rather than a single page.
Leave legal characterizations to counsel
The index records what the document is and where it appears. It does not decide admissibility, relevance, or whether an exhibit was properly used. Those are counsel decisions, and the index should carry the lawyer-approved description verbatim rather than a paraphrase from the assistant.
Reconcile after the deposition
Within one business day, compare the index to the marked exhibits and the draft transcript. Flag missing numbers, duplicate descriptions, and exhibits referenced but not marked. Send the discrepancy list to the lawyer with the source pages attached.
Protect the work product
The index may reveal case strategy. Store it in the matter system with access limited to the team, avoid sending it through personal email, and label drafts clearly. Retain versions under the firm retention policy and remove access when the matter or role changes.