Bates Stamping vs Exhibit Stamping: What's the Difference?
Bates numbering and exhibit stamping serve different purposes in litigation. Understanding when and how to use each is essential for proper document management. This guide clarifies the distinctions and best practices.
Frequently Asked Questions
What is the difference between Bates numbering and exhibit stamping?
Bates numbering applies sequential identifiers to every page of produced documents (e.g., PLAINTIFF00001-00150), used during discovery production. Exhibit stamping marks complete documents with single identifiers (e.g., Exhibit 1, Exhibit A) for trial or deposition presentation. Bates numbers track pages; exhibit stamps identify documents.
When do I use Bates numbering vs exhibit stamps?
Use Bates numbering when producing documents in discovery—every page gets a unique number. Use exhibit stamps when preparing documents for trial, depositions, or hearings—each document gets one exhibit label. A single document might have Bates numbers from discovery AND an exhibit stamp for trial.
Can a document have both Bates numbers and an exhibit stamp?
Yes, this is common. Documents produced in discovery receive Bates numbers on every page. Later, when selected as trial exhibits, they receive exhibit stamps. The Bates numbers remain for reference ("Exhibit 1, Bates PLAINTIFF00025-00030"). This helps everyone locate specific pages.
Are Bates numbers required in discovery?
Bates numbering is standard practice but not universally required. Federal Rules of Civil Procedure 34(b)(2)(E) governs production format. Many local rules and standing orders require Bates numbering for productions over a certain page count. Always check your jurisdiction's requirements.
Where should Bates numbers appear on the page?
Bates numbers typically appear in the lower right corner or bottom center of each page. They should be clearly visible but not obstruct document content. Standard format includes a prefix (party name or matter code) followed by sequential numbers with leading zeros.
Can I use the same software for both Bates and exhibit stamping?
Some software handles both, but they are often separate tools. Adobe Acrobat Pro offers Bates numbering for discovery. ExhibitPrep specializes in exhibit stamping with court-compliant templates. Many attorneys use different tools for each purpose based on features and workflow.
Related FAQ Topics
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