Preparing Exhibits for an Illinois Divorce Hearing

Choose the exhibit for a specific purpose

Identify what the document or image tends to prove and which issue makes that fact matter. A monthly statement may establish a balance or transfer; a message may show notice or a party's assertion. These uses can involve different hearsay and authenticity questions. Avoid assembling hundreds of pages without deciding which portions are needed. Preserve context and complete originals even when the hearing copy focuses on the relevant pages.

Plan the foundation before the hearing

Rule of Evidence 901 requires evidence sufficient to support a finding that the item is what it is claimed to be. That may come from a knowledgeable witness, distinctive characteristics, a reliable process, or another authorized method. Some records may qualify for self-authentication, but that does not eliminate every hearsay or relevance question. Review disclosure requirements and arrange any necessary witness or certification in time. An exhibit's production during discovery does not itself settle whether it can be admitted.

Keep identification and admission distinct

Follow the court's numbering and exchange instructions. Marking a document as an exhibit or handing it to a witness does not necessarily mean the judge has admitted it. Track the ruling and any limitations on use. If admission is denied, counsel should consider whether an offer of proof is necessary under Rule 103 to preserve the issue. For remote hearings, test how each participant will see the exhibit and avoid screen-sharing an unredacted record unintentionally. Preserve the final admitted version so the record accurately reflects what the court considered. If a summary chart is proposed, keep the underlying records available and identify the calculation method. The opponent and judge should be able to follow the figures without relying on an unexplained total prepared for litigation.

Continue reading

Related Illinois family-law guides.