How to Bates Number the Documents in Your Rule 26 Initial Disclosures

To Bates number the documents that go with your initial disclosures, gather the documents you may use to support your claims or defenses into one folder per category, name the files so they sort in a sensible order, and stamp every page with one continuous range under a prefix that identifies your side. Then list each category with its first and last number in the disclosure itself, so the other side can match the description to the pages. BatesBind numbers the whole folder on your PC and writes the index of ranges for you, without uploading anything.

This guide covers the mechanics for cases under the United States Federal Rules of Civil Procedure. It is not legal advice. State courts, other countries and individual judges have their own rules and orders, some kinds of cases are exempt from initial disclosures altogether, and what you must disclose depends on your case. If you have a lawyer, follow their instructions; if you are representing yourself, read the rule and any scheduling order carefully.

Number your disclosure documents with one range and an index, on your PC.

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What do Rule 26 initial disclosures ask for?

Rule 26(a)(1) requires each party, without waiting for a discovery request, to give the other parties certain basic information early in the case. For documents, the key item is Rule 26(a)(1)(A)(ii): a copy, or a description by category and location, of all documents, electronically stored information and tangible things that the party has in its possession, custody or control and may use to support its claims or defenses, unless the use would be solely for impeachment.

The rule also asks for a computation of each category of damages claimed, and the party must make available the documents or other evidentiary material on which each computation is based. Names of people likely to have discoverable information and certain insurance agreements are also part of the initial disclosures, but those are not the subject of this guide.

A few other points from Rule 26 shape how you put the documents together:

• Timing. Initial disclosures are due at or within 14 days after the parties’ Rule 26(f) conference, unless a stipulation or court order sets a different time. A party joined later has 30 days after being served or joined, unless a different time is set.
• Incomplete investigation is not an excuse. A party must disclose based on the information then reasonably available to it, and is not excused because it has not fully investigated the case or because another party has not made its disclosures.
• Form. Unless the court orders otherwise, Rule 26(a) disclosures must be in writing, signed and served.
• Supplementing. Under Rule 26(e)(1), a party must supplement or correct a disclosure in a timely manner if it learns the disclosure is incomplete or incorrect in some material respect and the other parties have not otherwise learned the information.

Rule 37(c)(1) addresses failures to disclose information required by Rule 26(a) or (e), including potential exclusion unless the failure was substantially justified or harmless. A clear record of what was disclosed and when helps track the production; Bates numbering itself does not establish compliance or prevent sanctions.

Should you produce copies or just describe the documents?

The rule allows either. The choice is practical, and many parties do a mix: copies of the core documents, and a description for bulky material that is available for inspection.

Approach	What you serve	When it suits
Produce copies	The documents themselves, Bates numbered, with an index	A manageable set of documents you plan to rely on, such as a contract, invoices, emails and photos
Describe by category and location	A written list of categories and where they are kept	Large volumes, such as years of records kept at an office, offered for inspection
Mix of both	Copies of some documents plus descriptions of others	When appropriate under the applicable rules and disclosure plan

If you produce copies, Bates numbers let your written disclosure point to exact pages. “Invoices to the defendant, 2024 and 2025, SMITH000041 to SMITH000118” is far easier to rely on later than “various invoices.” If you describe documents, numbering is still useful once the other side asks to see them, because the pages you show at inspection can be the same pages you later attach to a motion.

How do you set up the folders before numbering?

Bates numbering is only as tidy as the order of the files you feed it. A little setup prevents most problems.

1. Work on copies. Copy every document into a new working folder. Keep the originals where they are.
2. Convert to PDF. Scan paper records, print emails and web pages to PDF, and save photos as PDF if you want them numbered. BatesBind numbers PDFs.
3. One subfolder per category, or a category prefix in the file name. If you use a single folder, start file names with a number that sets the category order, such as 01 Contract, 02 Invoices, 03 Correspondence.
4. Name files so they sort the way you want. Within a category, a date at the start of the file name, written as year, month, day, keeps things in time order. BatesBind lists files in natural order, so 2 sorts before 10. Our guide to Bates numbers that come out of order covers the common traps.
5. Remove what you are not disclosing. Initial disclosures cover what you may use to support your claims or defenses. Anything privileged, or anything you are holding back on a lawyer’s advice, should not be in the folder.

What prefix and numbering format should you use?

Pick a short prefix that tells anyone holding the page which side produced it, usually a surname or a short company name, followed by zero-padded digits. Six or seven digits is plenty for most cases. Our explainer on Bates number format covers the choices in more detail.

Choice	Example	Why
Prefix	SMITH or ACME	Identifies the producing party at a glance
Digits	000001	Zero padding keeps numbers the same length and sorting correctly
Start number	1 for the first set	Later supplements continue from where you stopped
Position	Bottom right	Common default that rarely covers text

If the court or the other side has agreed a protocol for production format, follow it. Many scheduling orders and ESI protocols set the prefix, position and file format.

Stamp every page of your initial disclosure documents with one continuous range.

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How do you number the set with BatesBind?

1. Open the folder. BatesBind lists every PDF in natural order and counts the pages.
2. Set the range. Enter the prefix, the number of digits and the start number. BatesBind assigns one continuous range across the whole set.
3. Check the list. Files it cannot read are listed with the reason and left out, so the numbering stays continuous for the rest. Fix or replace those files and run again if they belong in the set.
4. Choose the output. Export one bound PDF with the index in front, or a stamped copy of each file plus a separate index PDF in a folder you pick.
5. Spot check. Open the output and look at the first and last page of a few files. Labels stay upright on rotated and cropped scans, and existing page content is never moved.

Your originals are never changed. BatesBind writes new files only, and it refuses to write where an original lives.

How do you describe the numbered documents in the written disclosure?

The index BatesBind writes lists every file with its page count and its first and last Bates number, and in the bound PDF, the page where each file begins. That index makes the documents part of the written disclosure easy to draft. A common layout groups ranges by category:

Category	Description	Bates range	Location of originals
Contract	Services agreement and two amendments	SMITH000001 to SMITH000024	Plaintiff’s office files
Invoices	Invoices issued to defendant, 2024 to 2025	SMITH000025 to SMITH000118	Accounting system, printed to PDF
Correspondence	Emails with defendant about late payment	SMITH000119 to SMITH000203	Plaintiff’s email account
Damages	Spreadsheet supporting the damages computation	SMITH000204 to SMITH000209	Plaintiff’s office files

Keep the wording factual. The disclosure says what the documents are and where they are, not what they prove.

How do you handle supplements later?

When Rule 26(e) requires a supplement or correction, keep a record of the change. For newly produced pages, a separate set that continues the existing range can help keep identifiers unique.

• Continue the numbers. If the first set ended at SMITH000209, start the supplement at SMITH000210. Never reuse numbers. Our guide to continuing Bates numbers across rolling productions walks through it.
• Keep each set’s index. Save the index from every run with the date it was served. Together they are your record of what was disclosed and when.
• Say what changed. A supplemental disclosure usually lists the new categories or documents and their ranges, and corrects anything in the earlier disclosure that turned out to be wrong.

Set	Served	Range	Contents
Initial disclosures	Within 14 days of the 26(f) conference	SMITH000001 to SMITH000209	Contract, invoices, correspondence, damages
First supplement	Later in discovery	SMITH000210 to SMITH000256	Newly found emails and an updated damages spreadsheet

Frequently asked questions

Do I have to Bates number initial disclosure documents?

Rule 26 does not use the words Bates number. It asks for copies or a description by category and location. Numbering is a practical way to tie the description to exact pages, and local practice, a court order or an agreed protocol may expect it.

Can I use the same numbers for documents I produce later in response to requests?

You can generally preserve the same identifiers for the same pages. Whether you must produce the documents again depends on the request, applicable rules, court orders and any agreed protocol. A reference to an earlier Bates range does not automatically satisfy a later production obligation.

What about documents the other side gave me?

You generally do not renumber pages that already carry another party’s Bates numbers. Refer to them by their existing numbers.

Does BatesBind redact or decide what is privileged?

No. It numbers pages and writes an index. Decide what goes into the folder, and redact anything that needs it in another tool, before numbering.

Is anything uploaded?

No. BatesBind works on your PC, has no account and does not send your files anywhere.

Try BatesBind

BatesBind is a one-time purchase with a free trial in the Microsoft Store; the listing shows the current price and system requirements. Number a copy of your disclosure folder first, check the index against your written list of categories, then serve. More detail is on the BatesBind product page.

Turn a folder of disclosure documents into one numbered, indexed set.

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Last updated 28 October 2026. Published by Automata Labs, a software company in Canada.