As E-Discovery moves to native format files a recurring topic is how to perform Bates Numbering. Traditionally, Bates Numbering was applied to TIFF and PDF static images since virtually any native format ESI could be turned into page-based static files with numbering applied. The issues with Bates Numbering and native format files include:

  1. Stamping each page will change the native format file, including the metadata, a primary reason for choosing native format production
  2. Native format files like Excel sheets, database data, etc. may not be easily converted to “pages” without using a printing process

Advice to address these issues are to Bates Stamp the native file itself and not individual pages. Individual pages can be referenced per Bates Stamped file as described by Greg Fordham:

For a long time, the justification for converting native documents to TIFF or PDF was for bates numbering so that each individual page could be numbered. A best practice for native format documents would be to bates number the file itself with a prefixed number. It is really not different than if a large book was produced. In such a case would one bates number each page of the book or would one assign a unique number to the book and then reference individual pages.

FindLaw writes the following:

Alteration of Files
If producing in native format it is important to take precautions to protect the documents from alteration. Annotations with Bates numbers, confidentiality designations, and redacting is not possible without altering the native document. Therefore, work off a copy of the file, to ensure the original remains un-altered.
…
Modified filename to include the original filename, the beginning bates number and the original extension. e.g., “Document.CDN000080.doc.”

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