When it's used
Filed with the court and exchanged with opposing counsel by the trial-setting conference or pretrial order deadline.
Definition
A witness and exhibit list is a pretrial disclosure document required by California Rules of Court, rule 3.1548, that identifies every witness a party intends to call at trial and every exhibit the party intends to offer into evidence. The witness list typically includes the witness’s name, expected testimony subject matter, and estimated testimony time, while the exhibit list assigns each document a sequential exhibit number with a brief description. The paralegal compiles both lists by cross-referencing deposition transcripts, expert witness reports, and the documentary evidence gathered during discovery, then pre-marks all physical exhibits with the appropriate stickers for the trial clerk. Exchange of these lists with opposing counsel before trial enables both sides to prepare objections and reduces courtroom delays caused by foundational disputes over surprise evidence.