Should Bates numbers be applied per page or per document?

Per page, always. Every individual page receives its own unique, sequential Bates number so any specific page can be cited precisely, even within a long multi-page document.

What's the difference between a Bates number and an exhibit number?

A Bates number is a permanent identifier assigned at production that never changes. An exhibit number is assigned when a document is used in a motion, deposition, or trial, and the same document can carry different exhibit numbers in different settings while keeping its original Bates number.

Who keeps the official exhibit record in a deposition?

The court reporter or the reporting agency's exhibit technician maintains the official exhibit list and attaches the marked exhibits to the certified transcript. Stating each exhibit's Bates range on the record keeps that official record unambiguous.

How many digits should I use in a Bates number?

Use enough zero-padded digits to cover your expected document volume, commonly six to eight. Consistent padding ensures documents sort correctly and avoids mismatches like ABC1 sorting differently from ABC0000001.

Bates Numbering & Electronic Exhibit Marking

Bates numbering and exhibit marking are the quiet plumbing of litigation. Get them right and every document is findable in seconds; get them wrong and you waste hearings arguing about which "Exhibit 4" the witness actually saw. This guide covers the conventions, the modern electronic workflow, and the deposition-specific issues that trip up even experienced teams.

What Bates Numbering Actually Does

A Bates number is a unique identifier stamped on every page of every document in a production. The name comes from the Bates Manufacturing Company's self-incrementing hand stamp from the late 1800s; today it is almost entirely software-applied.

Its purpose is simple and non-negotiable: every page in the case gets exactly one permanent address. When opposing counsel says "see ABC0004217," you go to that exact page regardless of how the document was reorganized, copied, or re-emailed.

A typical Bates stamp has three parts:

Prefix — identifies the producing party or source, e.g., SMITH, DEF, ABC.
Number — a zero-padded sequence, e.g., 0000001. Pad enough digits to cover your expected volume; 6 to 8 digits is standard.
Optional suffix — for confidentiality designations like -CONF or -AEO (attorneys' eyes only).

Result: ABC-0000001-CONF.

Core Conventions to Lock Down Early

Decide these before you stamp a single page, because changing them mid-case is painful:

One number per page, never per document. A 40-page contract gets 40 consecutive numbers. This lets anyone cite "the indemnification clause at ABC0001234."
Use a distinct prefix per producing party. Plaintiff and defendant should never share a numbering space.
Number continuously across the whole production, not restarting per folder or per custodian.
Stamp in a margin, usually bottom-right, where it won't obscure text or signatures.
Coordinate with the protective order. Many ESI protocols and protective orders dictate prefix format, confidentiality endorsements, and placement.

Bates Numbering vs. Exhibit Numbers

These are different things and conflating them causes chaos.

Bates numbers are assigned at production and never change. A document keeps its Bates number for the life of the case.
Exhibit numbers are assigned when a document is used — attached to a motion, marked at a deposition, or admitted at trial. The same Bates-stamped document can become Deposition Exhibit 7, then Trial Exhibit 112.

Best practice: keep the Bates stamp visible on the exhibit and add the exhibit sticker separately, so the record shows both identities.

Electronic Exhibit Marking at Depositions

Remote and hybrid depositions have made electronic exhibit marking the norm rather than the exception. Instead of paper and adhesive stickers, exhibits are introduced through a shared platform (the videoconference's exhibit tool or a dedicated exhibit-sharing service).

A clean electronic workflow looks like this:

Pre-load and pre-mark exhibits before the deposition when possible, or upload them live to a shared folder only the examining attorney controls.
Apply a digital exhibit stamp — most platforms burn an "Exhibit ___" label onto the file as it's introduced.
State it on the record. "I'm marking as Exhibit 12 a three-page email bearing Bates numbers DEF0004501 through DEF0004503." This ties the exhibit to its Bates range so the cold record is unambiguous.
Confirm the witness sees the same file, ideally the full document, not just one page.
Let the court reporter capture the exhibit set. The reporter maintains the official exhibit list and collects the marked files for the certified transcript package.

Why the Court Reporter Matters Here

The court reporter (or the reporting agency's exhibit technician) is the keeper of the official exhibit record. They log each exhibit number, the description, and increasingly the Bates range, then attach the marked files to the transcript. If your numbering and on-the-record descriptions are sloppy, that sloppiness becomes permanent in the certified transcript.

Many reporting firms now offer electronic exhibit handling, real-time exhibit sharing, and standardized stamping as part of their service. Capabilities and pricing vary by region and firm — remote-exhibit and tech-handling fees commonly run in the modest per-deposition or per-exhibit range, but you should confirm specifics when you book. You can compare court reporters and reporting agencies for free on this directory to find ones whose exhibit and ESI workflows match how your firm works.

Common Pitfalls

Re-numbering on re-production. If you reproduce documents, keep original Bates numbers; assign a new prefix only if truly necessary, and document the mapping.
Stamps that cover content. Always QC a sample after stamping to confirm nothing important is obscured.
Inconsistent padding. ABC1 and ABC0000001 sorting differently breaks chronological review. Pick a width and stick to it.
Forgetting to record the Bates range on the exhibit. Without it, matching a deposition exhibit back to the production later becomes a manual hunt.
Color and redactions. Confidentiality stamps and redactions should be applied as part of, or before, Bates stamping so the endorsed version is the one with the permanent number.

A Quick Pre-Deposition Checklist

Confirm the exhibit-sharing method and test it with co-counsel.
Verify exhibits are legible, complete, and show their Bates numbers.
Have a numbering plan (sequential, no gaps) and a backup PDF set.
Brief the court reporter on how you'll introduce and describe exhibits.
Plan to obtain the official marked exhibit set with the transcript.

Bates numbering and exhibit marking are not glamorous, but they are where cases are won or lost in the details. Treat them as part of your evidence strategy — not an afterthought — and the record will work for you instead of against you.