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I can find the rules for notification, filing, and exhibiting, of documentary exhibits such as invoices, letters and witness statements. But I can't find what is required for non-documentary exhibits. The 2 kinds of exhibits I'm thinking of are -

1) DVD of digital photos (where prints don't show the detail needed or the photo will need to be viewed using pan/zoom)

2) Cumbersome exhibits where the other side disputes some matter about them, and the original object will need to be brought to the court and shown during the trial. (The objects would be the size of a small briefcase, but need to be shown to the court directly, not just by photograph, and there could be disputes of fact where the court needs to see the actual object and not just a 2d photo)

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On the first point: there's no great problem with filing a DVD in court (so long as it is properly labelled) and you can reasonably assume that any member of the judiciary will have a laptop and normal software available. If you want a larger screen or specific software, you will need to discuss the matter with the court, which leads into your second point.

At the hearing of your case, it will be necessary to identify the exhibits to which you refer, and a location where they can be kept safe and unmolested. Normally, this would be the solicitor's office or barrister's chambers (on an undertaking that they will not be interfered with in any way); but it can be anywhere, so long as the Court agrees.

Source : many years in the High Court, where IP cases led to filing of everything from vodka bottles to an Imperial Stormtrooper uniform.

Edited addition (rather late) to deal with comment below: This is not a specific law or rule, but a matter of natural justice. Exhibits serve the purpose of helping the court to understand what is said in a specific affidavit or given in evidence by a specific witness; it is therefore necessary that anybody who later needs to understand the evidence (perhaps an appeal judge or a party who was not present, but now wishes to dispute the evidence) has access to that exhibit, and that the identity of the exhibit is beyond dispute. A document or CD is labelled and kept in the Court file; anything too large to go in a filing box must be labelled and kept safe elsewhere, which must be a decision of the Court.

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  • Love the last comment! Here, the objects are to be exhibited as part of an application to strike out part of a statement of case, where the other party is thoroughly dishonest and can be relied upon to claim everything from aliens to faked photos, hence exhibiting the objects themselves as well as the photos of the objects. So there isn't any preliminary hearing before this application, just the hearing for this application (an undertaking is easy if it'll suffice). Any idea the best route to exhibit in such an application? Is any special notification or chance to examine beforehand needed? – Stilez Jul 1 '16 at 4:45

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