Presentation of

exhibits

Firm 21
Introduction

● The term ‘evidence’ in law is often applied to the testimony that is

allowed to be presented during a trial.
● The Acts pertaining to Civil Process, Interpretation and General
Provisions, and Evidence were passed in 1924, 1956, and 1963, in that
order.
● These laws are essential for controlling the way civil justice is
administered, interpreting statutes, and offering direction on the
substantive and procedural issues of evidence.
● Over time, these statutes have undergone piecemeal amendments.
What is an exhibit
at trial?
Black’s Law Dictionary 5th Edition
[1978] 498 defines evidence as:
“Any specials of proof or probative matter,
legally presented at the trial of an issue by
the act of the parties and through the
medium of witnesses, records, documents,,
concrete objects etc. For purposes of
inducing belief in the minds of the court as to
their contention. All the means by which any
alleged matter of fact, the truth of which is
submitted for investigations is established or
disproved.”
What are the different types of evidence used in
trials (both criminal and civil)?

Documentary evidence is a broad term in Real Evidence: This refers to tangible objects
evidence law that can include almost any relevant to the case, such as weapons,
document introduced in a trial that is on clothing, drugs, or tools. Real evidence is
paper. The term ‘document’ according to typically presented by physically bringing the
Interpretation of General Provision Act (CAP
item to court and illustrating it to the judges
2)
and opposing client and counsel.
‘’any publication and any matter written,
expressed or described upon any substance Types of real evidence:
by means of letters, figures or marks or by
more than one of three means which is 1. Material Evidence
intended to be used or may be used for the 2. Photos
purpose or recording that matter. It may be 3. Video recordings
any communication in permanent form.’’ 4. Out of court inspections
5. Forensic evidence
6. A person's appearance and behavior
Continuation…
Documentary evidence: In Tootal
Broadcast Lee Co. v. Ali Mohammed
Haji Ahmed and Sons Ltd (1957)24
KLR (2) 31
It was held that the documents on
which the plaintiff rely on purport
copies of the registration certificates
issued in respect of each design by the
controller general of Patents and
Designs under the Authority of Law.
In civil proceedings where direct
oral evidence of a fact would be
admissible, any statement made by a
person in a document and tending to
establish that fact shall, on
production of the original document,
be admissible as evidence of that
fact if the maker of the statement is
called as a witness in the
proceedings.
Tips to remember when presenting exhibits

When presenting evidence in court you Here are some of the most important rules of
should follow these rules: evidence to follow:

1. Authenticity
2. Relevance
● Do not present false or misleading 3. Hearsay evidence rule
evidence. 4. Best evidence rule
● Do not present evidence which you
know is inadmissible.
● Stick to the rules of evidence
How do we present exhibits?

● Step 1: The prosecution counsel has to have the exhibits marked in the
form of numbers or letters i.e 1, 2, 3, or A, B, C.
● Step 2: The exhibits is then shown to the accused and the defence
counsel.
● Step 3: The prosecutor then approaches the witness for identification.
● Step 4: Lays the foundation for the exhibits in the particular hearing and
relevance.
● Step 5: The prosecutor moves the court for admission of the exhibit in
evidence.
● Step 6: The exhibit is then given a unique number or letter to formalize
its introduction in the case against the accused.
Presenting exhibits in Criminal cases

● Introduce the exhibit to the court Examples of authenticating questions:

● Hand the document to the witness-
either directly or through the court 1. Name of the document
clerk. 2. Date of the document
● Ask the witness authenticating 3. Author or maker of the document
questions about the document. 4. attestation/sealing/signature
● Show the competence of the witness 5. Addressee of the document
● Indicate that the document is relevant
and admissible
● Make statements to the court that the
document is marked e.g. exhibit 1 (to
be admitted)
Marked for - Prosecution witness will ask the court to
mark the document as MFI 1 - it is not
identification handed to the court as it is not an exhibit
as of yet.
- When the competent party comes then
you ask the court to show them MFI 1
- Make an application for the document to
be given an exhibit number
What happens when a witness
discusses a document that they are not
competent to introduce?
Civil cases - Establish a bundle of documents - all sets
are identical
- They need to chronologically organized

They are typically in order of which you will be

calling your witnesses. This is to create a logical
flow to your exhibit presentation

NB: Just cause the documents are part of the

The court requires a list of documents
and copies bundle does not mean they are exhibits- they
must be introduced by a competent witness
Step by step guide Step 1: Lay the foundation for questions -
preliminary
for exhibits in civil Step 2: Direct the court to the relevant page
cases based on the pagination done

Step 3: Authenticating questions

Step 4: Questions of the content of the

NB: there's no MFI in civil cases document
In some instances the court may ask for
original copies of documents Step 5: Ask the court that the document should
be marked as plaintiff exhibit 1
What are some of the strategies that should be
used to make a persuasive submission?

1. Identify potential exhibits:They should identify the most effective

exhibits, ones that will positively aid their case, and give a blind eye to
the destructive evidence.
2. Decide what remedy you seek from the court and what you need to
show.
3. Select the evidence that proves what you need to show
4. Review how to present exhibits in court
5. Select the exhibits a judge can rely on
6. Gather and organize you exhibits