It's not very pretty, but it is worth its weight in gold. Instead of a number stamped on a piece of paper, the hash is a perfect method for specifying one and only one document.
During discovery, producing parties can utilize visual timelines or case outlines to produce a list or spreadsheet alongside the evidence they produce that links each file with its hash, and that list will eliminate any doubt as to what was produced and when.
Still, even with the power of hashes, many still feel the need for consecutive numbering when exchanging documents in discovery. Fortunately, parties can have it both ways. While stamping PDF images or printed pages should be avoided at all costs, parties can agree to prepend a number to the name of each file that's produced in discovery. Instead of overwriting the filename completely with the number, changes to a file name should be non-destructive and reversible.
For example, the following modifications could be made:. Making changes like this to file names is accomplished easily with free tools like the Bulk Rename Utility. This task never needs to be performed manually. That is why Bates-labelling in the sense of stamping printed pages - or even virtual PDF "pages" - is obsolete and unwarranted in the age of electronic evidence. By using tools like hashes we can do much better, and we don't have to modify the evidence in the process.
Posted by Jeff Kerr. M ake sure to download the free trial and follow along:. A pop-up window will appear. In this window, you can fully customize your Bates Numbers. Able2Extract Professional allows you to make a number of modifications before indexing the document:.
Originally, it took people hours to properly label and process their paperwork. Today, no time is wasted on such a mundane task as sifting through and indexing PDF documents.
Evolution notwithstanding, courts may take a dim view of litigants that ignore Bates numbering. Proctor v. Safeway, Inc. There, the court required the defendant to fully review its production for responsiveness and to uniquely identify every file with a Bates number.
Bates numbering is a way to identify every specific piece of a production by assigning a unique, sequential identification number to each page, file, or image. Just what is electronically stored information or ESI?
And what do you need to do with it when it comes to corporate e-discovery? Document review, the most expensive stage of ediscovery, uses teams of lawyers to determine what ESI is relevant, responsive, or privileged.
Instead of shuffling through a chart in an attempt to locate a certain notation, the team can go to a unique page number. Bates stamping is also helpful in locating specific document pages during trials. There are two ways to add Bates stamps - mechanically and electronically. Mechanical Bates stamping uses a self-inking automatic numbering machine, which can be obtained at office supply stores.
They're simple to use. Follow the machine's instructions to set your starting number, find a blank space on your document and press down.
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