Usually when a document is submitted in the court in evidence, it is marked as an Exhibit, with a regular Exhibit Number. This is read in evidence and will be considered at the time of analysing the evidence for arriving at a conclusion in the case.
The second term used by you “marked” may be specific to the area in which the court is situated. Other areas may have different terminology. From the description given by you (such as objection raised by the opposite side advocate due to which it was “marked”), it appears that “marked” is referring to those documents which you would have submitted in evidence, but due to objections raised by opposite party, it is yet not shown as a regular “Exhibit”; and its admissibility will be decided at a subsequent stage, may be at the stage of final arguments.
For example, I have seen a practice in the trial courts at Mumbai that if a particular document is given in evidence, it is generally marked as Exhibit with a specific number, such as “Ex. P-5” or “Ex. D-5” which may refer to the Prosecution or Defence document, respectively [in Delhi, it is generally shown, for example, as “Ex. PW 5/F”, etc.); on the other hand, if objections were raised in respect of a particular document introduced in evidence, then such document is not given a regular Exhibit Number. but is marked as “X”, which basically implies that its admissibility would be decided subsequently, may be at the final arguments stage.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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