Key Bates Numbering Issues and How to Solve Them

While Bates numbering is still largely relevant, even in the age of AI, it still has its share of issues that legal teams may find themselves caught up in every now and then. While latent to the unexpecting and inattentive eye, these issues exist and can wreak havoc to your document review and eDiscovery processes, and can have damning effects on your overall case. Fortunately, they can be resolved when you apply the proper solutions.

This article is designed to help you tackle both: identify common Bates numbering issues and resolve them with ease and meticulous mastery. Follow along as we lay down the challenges that are prevalent with this numbering system as well as uncover proactive solutions to aid all your eDiscovery needs involving Bates numbering.

Duplicate Bates Numbers

This issue occurs when you assign the same Bates number to different pages or documents. This kills the very purpose of Bates numbers, as each one in a set of documents must be completely unique. In turn, it can create confusion and make it arduous to track specific documents. Duplicate numbers are also the product of the same document being processed multiple times or if different teams use inconsistent numbering practices.

How to resolve this Bates numbering issue:

You can resolve this issue in two of the following ways: incorporate document management software that automatically applies Bates numbers and can detect duplicates, as well as alert you to them. This is a proactive approach to avoiding duplication.

In addition, you should also ensure all team members adhere to consistent numbering protocols to help stave off this issue.

Incorrect Placement of Bates Numbers that Blurs or Hides

The nature of this issue is that of the Bates numbers placed directly over the contents of a document, which can result in critical information being partially or fully obscured. These numbers can erroneously be placed over both text, images, and even other numbers, which can contain crucial information about the case. At best it makes the information difficult to read; at worst, the information can be rendered completely illegible. This is especially problematic if key information is blurred, but even if the information hidden is trivial, it’s still problematic, given that you won’t be able to see what exactly is hidden from view, leaving your team unable to check it and leave it be assuredly.

How to resolve this Bates numbers issue:

Ensure the placement of your Bates numbers is standardized for all the documents you have in a set. You should also use a software solution for Bates numbering, the kind that allows you to customize the placement of the numbers, as the uniform placement of numbers will not always prevent this issue. At times you may have variations in the text and imagery of a document, in which case you’ll need to customize the positioning of your Bates numbers, whether they're in the margins, the headers, or the footers of your documents. This will prevent the accidental blocking or obscuring of any content by these numbers.

The Presence of Multiple Versions of Documents

It is rather common for documents to undergo many revisions throughout a legal case. These revisions can lead to inconsistencies if they are not carefully tracked. This will make it particularly difficult for your legal team to decipher which document they are referencing. This issue will rear its ugly head when legal team members need to refer to the same version of a document when handling a case. Inconsistencies among document versions also lead to confusion and potential disputes during legal proceedings.

How to resolve this issue:

To avoid or correct this issue, use version control tools when you apply Bates numbering. These tools track the different versions of a document and apply sequential Bates numbers to new versions. By applying this mechanism, it becomes easy to distinguish between different iterations. You can do so when you assign a suffix to other versions of a document (e.g., “DOC-0001-01” for the first version and “DOC-0001-02” for the second version) as a way to steer clear of multiple versions of documents.  

Missing Bates Numbers

You may notice this with large document sets, as there may be missing pages or gaps in the Bates numbering sequence. This is disruptive when it comes to organizing documents and creates a hassle during the review and discovery phase. Contending with missing numbers leads to confusion, retrieval problems, and potential legal issues, which can even include the exclusion of evidence.

How to resolve this issue:

Use automated Bates numbering tools that track the entire document set and notify you if a page is skipped or missing. Make sure that your legal team conducts regular checks to verify the accuracy of the numbered documents during discovery. Another piece of advice is to maintain backups and re-run the numbering sequence to help resolve any gaps.

Issues with Non-Textual Numbers

Bates numbering has proven itself challenging in the context of non-textual documents, such as images, videos, charts, or handwritten documents, as they may not follow the same format as standard text pages. The issues that may arise stem from the inherent differences in how Bates numbering is designed to work with page-based documents and the difficulty in applying a sequential, incremental numbering scheme to unstructured data.

How to resolve this issue:

When you handle documents that are non-textual, ensure the Bates numbering system can accommodate various file types, such as PDFs, images, or scans. It is critical to use tools that allow you to apply numbers to digital files across multiple formats. We suggest you label non-textual documents with a prefix or additional identifier to indicate their unique makeup within your larger document set.

Master Bates Numbering and Beyond

In today’s legal environment, where precision and organization are vital, Bates numbering remains a key process. It streamlines the management of large document sets, making it easier to reference and track individual pages during litigation, discovery, or business transactions.

With the right tools to address issues like duplicates or skipped numbers, legal professionals can maximize the effectiveness of Bates numbering. As the legal field increasingly adopts digital solutions, automated Bates numbering enhances both efficiency and document integrity—resulting in smoother workflows and improved outcomes.

But Bates numbering isn’t the only area of concern when it comes to document review and eDiscovery. Your best bet is to work with a seasoned legal practitioner so that you can equip your team with assistance and consultations for legal issues whenever they arise.

At Consilio, we help our clients manage and organize large document sets, including using Bates numbering to ensure clear identification and referencing of documents during legal processes and other situations where document management is crucial. Work with us today.

Interested in fortifying your entire document review and eDiscovery needs?

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Q&A

1. What are common issues with Bates numbering?

Common Bates numbering issues include duplicate numbers, incorrect placement that obscures content, missing numbers, multiple versions of documents, and challenges with non-textual files like images or videos. Each of these can create confusion and slow down eDiscovery processes.

2. How can I prevent duplicate Bates numbers?

Use automated document management or eDiscovery software that assigns Bates numbers consistently and flags duplicates. Also, establish clear team-wide protocols to avoid multiple teams applying different numbering systems.

3. What’s the best way to handle missing Bates numbers?

Deploy automated tools that detect gaps in numbering sequences. Regularly audit your document sets and maintain backups so you can re-run numbering when needed to eliminate missing identifiers.

4. How do you manage Bates numbering across multiple versions of the same document?

Apply version control tools that track document revisions and assign sequential identifiers. Many teams use suffixes (e.g., “DOC-001-01” vs. “DOC-001-02”) to distinguish between versions without losing clarity.

5. Can Bates numbering work with images, charts, or videos?

Yes. Use software that supports numbering across multiple file types. For clarity, add prefixes or unique identifiers to non-textual documents so they can be tracked alongside text-based files.

6. Why is proper Bates numbering important in eDiscovery?

Accurate Bates numbering ensures clarity, reduces confusion, and maintains the integrity of document sets during litigation, investigations, or transactions. Proper numbering also helps avoid disputes and ensures evidence is organized and admissible.

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