How to Bates Stamp Documents for Litigation

If you've ever prepared a document production for litigation, you've encountered Bates stamping. It's one of those tasks that sounds simple — just put a number on each page — but doing it incorrectly can cause real problems during depositions, motions, and trial. Here's everything you need to know about Bates stamping and how to do it right.

What is Bates stamping?

Bates stamping (also called Bates numbering or Bates labeling) is the process of applying a unique, sequential identifier to every page in a set of documents. Each page gets its own number, creating an unambiguous way to reference any specific page across the entire case.

The term comes from the Bates Automatic Numbering Machine, a mechanical stamp patented in the late 1800s by Edwin G. Bates. Before digital tools, legal assistants would physically stamp each page by hand using one of these devices. The stamp would automatically increment the number after each impression.

Today, Bates stamping is done electronically, but the purpose remains the same: give every page a unique identifier so that attorneys, judges, witnesses, and opposing counsel can all refer to the exact same page without ambiguity.

When is Bates stamping required?

Bates numbers are expected — and often required — in these situations:

• Document productions — When you produce documents in response to a discovery request, each page must be uniquely numbered so both parties can reference them
• Depositions — Attorneys reference specific Bates numbers when questioning witnesses about documents
• Motions and briefs — Courts expect citations to specific Bates-stamped pages when parties reference produced documents
• Trial exhibits — Exhibit lists typically include Bates ranges for each document

While there's no single federal rule that mandates a specific Bates numbering format, most courts and discovery orders expect productions to include unique page identifiers. Failing to Bates stamp properly can lead to confusion, disputes, and even sanctions.

Bates numbering conventions

A standard Bates number has two parts:

Some conventions to follow:

• Use enough digits to accommodate the total number of pages (six digits is standard for most cases)
• Keep the prefix consistent across the entire production
• Never reuse a Bates number, even across supplemental productions — continue where the previous production ended
• Agree on the numbering format with opposing counsel early in the case to avoid disputes

Step-by-step: How to Bates stamp documents

1. Finalize your review — Complete your document review and tagging before stamping. Bates numbers should only be applied to the final set of documents you are producing. If you stamp first and then remove documents, you'll have gaps in your numbering sequence.
2. Choose your prefix and starting number — Select a prefix that identifies the producing party or custodian. If this is a supplemental production, start where your last production ended.
3. Determine placement — Bates numbers are typically placed in the bottom-right corner of each page, but confirm any court or party requirements. Consistency is key.
4. Apply numbers sequentially — Every single page in the production gets a unique number. A 10-page document would receive 10 consecutive numbers.
5. Create a Bates log — Maintain a log that maps each document to its Bates range (e.g., "Employment Agreement — SMITH-000145 to SMITH-000152"). This log is essential for your own reference and for the production cover letter.
6. Verify before producing — Spot-check the production to confirm numbers are sequential, legible, and applied to every page. Missing or duplicate numbers can create serious problems.

Common Bates stamping mistakes

• Stamping before review is complete — Adding or removing documents after stamping creates gaps or requires re-stamping
• Inconsistent formatting — Mixing formats (e.g., SMITH001 and SMITH-000001) causes confusion
• Duplicate numbers — Reusing numbers from a previous production makes page references ambiguous
• Stamping over content — Placing the number where it obscures existing text on the page
• Forgetting attachments — Email attachments need their own Bates numbers, sequential with the parent email

How Athens Search handles Bates stamping

Athens Search automates the entire Bates stamping process so you can focus on the substance of your review rather than the mechanics of numbering pages. Here's how it works:

• Set your prefix and starting number — Configure your production with a custom prefix and starting Bates number
• Automatic sequential numbering — Athens Search applies numbers to every page of every document in the production set, in order, with no gaps
• Consistent placement — Numbers are placed in a consistent position on every page
• Production sets — Group your reviewed and tagged documents into named production sets, then apply Bates stamps in one step
• Supplemental productions — The system tracks your last Bates number so supplemental productions continue seamlessly

No manual stamping. No spreadsheet logs. No risk of duplicates or gaps.