Managing Exhibits and Electronic Hearing Bundles in Arbitration

In multi-day arbitration hearings, counsel and hearing participants may need to access hundreds of exhibits across multiple sessions. Consistent numbering, version control, and clearly assigned presentation responsibilities help ensure that the correct documents are available when needed, particularly when witnesses or other participants join remotely.

This guide covers the organization of electronic hearing bundles, preparation of witness exhibits, presentation of documents during testimony, and maintenance of the final exhibit record.

How Should Exhibits Be Pre-Marked and Numbered for an Arbitration Hearing?

Pre-mark every exhibit before it is exchanged, using one numbering convention the parties agree on and record in the procedural order. A common approach gives each party a prefix (C- for claimant, R- for respondent, J- for joint exhibits) followed by a sequential number. Agree in advance how documents added after the exchange will be numbered; each new document should receive the next number without displacing an existing one.

The master exhibit index is the reference every participant works from. For each exhibit, record:

• Exhibit number and short description.
• Date and, where used, Bates range
• Offering party
• Witnesses expected to use it
• Hearing status: offered, admitted, objected to, or withdrawn

Share the index with the arbitrator or panel, opposing counsel, the court reporter, and the hearing host before the first day.

 

How Should an Electronic Hearing Bundle Be Organized?

Organize the electronic hearing bundle the way it will be used during testimony. Separate folders typically hold pleadings, witness statements, expert reports, each party’s exhibits, joint exhibits, and legal authorities. Convert documents to text-searchable PDFs with consistent page numbering, which lets counsel direct a witness to a specific page without delay.

File names should match the index exactly. Start each name with the exhibit number padded with zeros (C-007 rather than C-7), which keeps files in numerical order in any folder view, then add a short description.

Version control needs one owner. Once the bundle is final, maintain a controlled version and document any subsequent changes. If a corrected or supplemental document is required, add it under a new exhibit number or a clearly labeled replacement, record the change in the index, and notify every participant. Two versions of the same exhibit in circulation can lead to testimony about the wrong page.

 

Who Should Have Access to Which Exhibits?

Most hearings need two kinds of repositories. A shared repository holds the exchanged, numbered exhibits that the arbitrator, the parties, and the court reporter can all access. Each firm also keeps a private workspace for drafts, examination outlines, annotated copies, and any impeachment material it has not yet disclosed.

Set permissions by role, and record in the procedural order how witnesses receive exhibits: the full set in advance, or each document as it is put to them. The AAA-ICDR Model Order and Procedures for a Virtual Hearing via Videoconference allows the parties to agree on a shared virtual document repository, provided they use best efforts to protect the documents from interception or retention by third parties.

To share exhibits securely with the parties and the arbitrator, use an access-controlled platform with individual logins rather than email attachments, and confirm the format the arbitrator prefers. Confidential documents should carry their designation on the face of the document and in the index.

 

How Should Exhibits Be Prepared for Witnesses?

Witness copies should be clean: no highlighting, flags with commentary, or notes from counsel. The AAA-ICDR model order provides that witnesses shall not be aided by any notes unless the arbitrator permits. Counsel should confirm any restrictions on annotated exhibits and other witness materials before the hearing. Prepare a separate clean set for each witness who receives documents in advance.

Translated exhibits need their own convention. Keep the original-language document and its translation under the same exhibit number, with the translation clearly labeled (for example, C-012 and C-012T), and note in the index who prepared the translation. Confirm with opposing counsel before the hearing whether each translation is agreed or disputed.

 

How Are Exhibits Introduced and Presented During the Hearing?

Confirm with the tribunal how exhibits will be submitted, introduced, and recorded during the hearing. Depending on the applicable procedures, exhibits may be submitted in advance or introduced during testimony. The parties should also clarify how objections and admissibility decisions will be handled and reflected in the exhibit index.

Presentation responsibilities should be established in advance. Counsel identifies the exhibit, the hearing host displays it at counsel’s direction, and the court reporter records references as appropriate. The tribunal addresses any evidentiary objections or rulings when necessary.

Live exhibit presentation works best with one person controlling the display. Counsel calls the exhibit number and page; the presenter displays it, enlarges the passage, and returns to the full page when asked. For remote participants, the AAA-ICDR model order calls for a separate screen or window for documents, where available, distinct from the video of the witness. That allows the arbitrator to watch the witness and read the document at the same time.

Impeachment and unanticipated exhibits need a plan as well. Check whether the procedural order requires impeachment documents to be exchanged in advance. If they may be withheld, keep them numbered in a reserved range, ready to upload, and decide how they will reach the arbitrator, opposing counsel, and a remote witness when they are used.

 

How Should Exhibits Be Tracked During and After the Hearing?

Track exhibits as they are used. One person, often a paralegal, updates the index during each session with every exhibit shown, offered, admitted, or objected to, and the witness it was used with. At the end of each day, reconcile that list with the court reporter’s record and with opposing counsel’s list, then recirculate it.

Many transcripts include an exhibit index. Confirm with the court reporter how exhibits will be referenced in the transcript and whether copies will be attached.

After the hearing, reconcile the exhibit index against the hearing record, identifying exhibits admitted, excluded, withdrawn, or otherwise addressed during the proceeding. Confirm with the tribunal which documents form part of the final evidentiary record and which versions should be used in post-hearing submissions. Agree on the retention or disposal of hard copies and electronic files, subject to applicable procedural, confidentiality, and preservation requirements.

 

How Can Optima Juris Support Exhibit Presentation at Your Hearing?

Many firms handle the exchange and bundle stages of arbitration exhibit management internally. Presenting exhibits during testimony while also running the virtual side of the hearing is a separate job, and it is where outside support often helps.

Optima Juris has supported hearings and depositions for more than 25 years, across all 50 states and internationally, and provides hearing support through its partnership with the American Arbitration Association (AAA).

For virtual and hybrid hearings, Optima Juris provides:

• Hosted + Exhibit Presentation: an exhibit expert Zoom Host who sets up the hearing, securely uploads, handles, and presents exhibits at counsel’s direction, and manages breakout rooms across multi-day sessions.
• Exhibit and document translation: professional translation of exhibits and supporting materials, with expedited turnaround available.
• Court reporting: stenographic court reporting with realtime and expedited transcript options, as well as SmartTranscript+, which combines technology-assisted transcription with certified court reporter oversight and human review.
• Hearing rooms: conference rooms booked for in-person or hybrid hearings.

 

Frequently Asked Questions

What are best practices for digital exhibit presentation in arbitration?

Use one numbering convention, text-searchable PDFs named by exhibit number, and one person controlling the display. Give remote participants a separate document window where possible, and test the setup before the first day. At Optima Juris, an exhibit expert Zoom Host presents documents while counsel conducts the examination.

How should exhibits be tracked during a complex arbitration proceeding?

Through a master exhibit index updated during each session with the status of every exhibit, then reconciled each evening with the court reporter’s record and opposing counsel’s list.

What should law firms look for in arbitration exhibit management support?

Experience presenting exhibits during live testimony, secure upload and handling, the ability to run the virtual hearing at the same time, and coordination with the court reporter. Ask how late or impeachment exhibits are handled during a session.

 

Getting Exhibits Ready for the First Day

Before the hearing begins, confirm that the exhibit index matches the final hearing bundle, that participants have the appropriate access permissions, and that the presentation process has been tested with remote witnesses.

For proceedings requiring dedicated exhibit presentation, Optima Juris offers Zoom hosting and exhibit management support for virtual and hybrid arbitration hearings. Contact us to arrange hearing support.