A privilege log describes each document you withhold or redact as privileged, without revealing the privileged content, so the other side can assess the claim. The federal rule requires the claim and a description; Bates numbers are how most logs tie each entry to a slip sheet or a redacted page in the production. If you number the production with BatesBind, a Windows app from Automata Labs, its index lists every file with its page count and first and last Bates number, which is exactly the range a log entry needs.
This guide explains what the rules ask for, where Bates numbers fit, and a practical way to build the log alongside the production. It is general information, not legal advice; your court’s rules, the judge’s practices and any agreement between the parties come first.
Number the production and get every file’s Bates range in one index.
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What does the federal rule require?
Federal Rule of Civil Procedure 26(b)(5)(A) applies when a party withholds otherwise discoverable information as privileged or as trial-preparation material. The party must:
- “expressly make the claim; and”
- “describe the nature of the documents, communications, or tangible things not produced or disclosed, and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.”
The rule does not prescribe columns, a format or Bates numbers. Since the December 1, 2025 amendments, Rule 26(f)(3)(D) also asks the parties’ discovery plan to address “the timing and method for complying with Rule 26(b)(5)(A)”, so the format of the log is often agreed early.
What do local rules add?
Many courts spell out the fields. As one example, Local Civil Rule 26.2 of the Joint Local Rules of the Southern and Eastern Districts of New York (effective January 2, 2026) requires, for documents:
| Field | Local Civil Rule 26.2(a)(2)(A) wording |
|---|---|
| Type | ”the type of document, e.g., letter, email, or memorandum” |
| Subject | ”the general subject matter of the document” |
| Date | ”the date of the document” |
| People | ”the author of the document, the addressees of the document, and any other recipients” and, where not apparent, their relationship |
| Privilege | The nature of the privilege claimed (rule 26.2(a)(1)) |
The same rule encourages “a categorical log or a metadata log, instead of a document-by-document log” where appropriate, and says a party “cannot object to a privilege log solely on the basis that it is a categorical log or a metadata log.” Check your own court before you pick a format.
Where do Bates numbers fit in a privilege log?
Bates numbers are not in the rule text above, but they are the usual way to connect a log entry to the production. There are three common situations:
| Situation | What is in the production | What the log’s Bates column shows |
|---|---|---|
| Withheld in full, with a slip sheet | A one-page placeholder that says the document was withheld | The Bates number of the slip sheet |
| Produced with redactions | The document, with privileged parts blacked out | The first and last Bates number of the redacted document |
| Withheld in full, no slip sheet | Nothing | A control number or log ID instead, as agreed |
Slip sheets keep the numbering continuous and make each withheld item visible in the production. Our explainer on what a slip sheet is covers when they are used.
Redacted documents are where most log errors happen: the log says ABC000120 to ABC000124 while the production has the document at ABC000121 to ABC000125 because a page was inserted after the log was drafted. The fix is to fill the Bates column from the numbered output, not from the plan.
How do you build the log alongside the production?
- Finish privilege review first. Decide what is withheld, what is redacted and what is produced in full.
- Prepare the files. Apply redactions with a proper redaction tool so the hidden text is removed, not just covered. Create a slip sheet PDF for each document withheld in full, if your agreement uses them.
- Put the production in order in one folder. Name files so they sort in the order you want numbered. Our guide to why Bates numbers come out of order explains how natural sort works.
- Number the folder. In BatesBind, choose the folder, set the prefix, digits and start number, check the ranges and export. You get either one bound PDF with the index in front, or a stamped copy of each file plus a separate index PDF.
- Copy ranges into the log. The index lists every file with its page count and its first and last number. Each slip sheet’s number and each redacted document’s range goes into the matching log entry.
- Check the gaps. BatesBind lists any file it cannot read with the reason and leaves it out, so numbering stays continuous for the rest. If a redacted file was skipped, fix it and renumber before the log goes out.
Read each file’s first and last Bates number straight from the index.
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What does a log entry look like?
A document-by-document log usually has one row per withheld or redacted item. A simple layout that satisfies the fields above:
| Log ID | Bates | Date | Type | Author | Recipients | Subject | Privilege | Treatment |
|---|---|---|---|---|---|---|---|---|
| PRIV-001 | ABC000118 | 2026-03-04 | In-house counsel | Operations manager | Legal advice on supplier contract terms | Attorney-client | Withheld; slip sheet | |
| PRIV-002 | ABC000121 to ABC000125 | 2026-03-09 | Memorandum | Outside counsel | CFO | Litigation hold instructions | Attorney-client; work product | Produced with redactions |
The subject must describe the document without revealing the advice. “Legal advice on supplier contract terms” is a description; a summary of what counsel said is not.
How does BatesBind fit this workflow?
BatesBind does one job: it numbers a folder of PDFs and writes an index. According to its Microsoft Store listing, it:
- Lists every PDF in the folder in natural order, counts pages and assigns one continuous range with your prefix, zero-padded digits and start number.
- Stamps each page at the bottom right of the visible page, or another corner you choose, with labels kept upright on rotated and cropped scans.
- Writes an index with every file’s page count and first and last number, and in the bound PDF, the page where each file begins.
- Never changes originals, writes new files only and refuses to write where an original lives. Nothing is uploaded.
It does not redact, write the privilege log for you, or apply confidentiality legends; see our guide to confidentiality designations for that step, and our Bates number format guide for choosing a prefix.
Frequently asked questions
Do I have to put Bates numbers on a privilege log?
The federal rule requires a description that lets the other side assess the claim; it does not mention Bates numbers. Many agreements and judges expect them for slip-sheeted and redacted documents, so check your ESI protocol and the judge’s practices.
Should withheld documents get Bates numbers?
Only if a slip sheet stands in for them in the production, or your agreement says so. A document that is withheld with no placeholder has no page in the production to number.
Can I log documents by category instead?
Some courts allow or encourage categorical logs. The S.D.N.Y. and E.D.N.Y. rule says a categorical or metadata log can be appropriate, unless a judge or agreement says otherwise.
Is this legal advice?
No. It describes published rules and common practice. Ask the lawyer responsible for the matter how your court and agreement apply.
Try BatesBind
BatesBind is a one-time purchase in the Microsoft Store with a free trial. It has no account and does not phone home. More detail is on the BatesBind product page, and our Bates production log page covers keeping a record of what went out.
Number the set once and copy exact ranges into your privilege log.
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Last updated 22 October 2026. Published by Automata Labs, a software company in Canada.