Confidentiality Designations Alongside Bates Identifiers

Direct answer A confidentiality designation is an endorsement printed alongside the Bates identifier to record how a document is treated under a protective order, using labels such as CONFIDENTIAL or ATTORNEYS EYES ONLY. It is a separate statement from the identifier even when both are stamped in the same corner, because the identifier names the page and the designation describes its handling. The wording, placement and which documents receive it are normally fixed in the protective order or the ESI protocol before a production is prepared. Designations can change during a matter when a document is de-designated or challenged, and because the Bates identifier must stay fixed for the life of the case, keeping the two as distinct elements is what allows the designation to be revised without disturbing the citation everyone already relies on. Keeping the two distinct also makes the production easier to audit, because the designation can be reported per document while the identifier stays a per-page reference.

What does a designation actually record?

The designation records treatment, not identity. A Bates identifier answers the question of which page is being discussed; a confidentiality endorsement answers the question of who may see it and under what conditions. The two appear together because the corner of the page is where production markings live, not because they are parts of the same label.

Typical tiers run from CONFIDENTIAL through more restrictive levels such as ATTORNEYS EYES ONLY or HIGHLY CONFIDENTIAL, with the exact ladder defined by the protective order in that matter. Because the ladder is matter-specific, a label carried over from a previous case is a common and avoidable error.

Where is the wording agreed?

In the protective order, and in the ESI protocol where the production format is settled. Between them these usually fix the permitted labels, whether the endorsement is burned onto the image or carried only as metadata, where on the page it appears, and how natives are handled when there is no page to stamp.

Settling this before the first volume matters because changing it later means reissuing documents. A protocol that specifies the identifier format in detail but leaves the endorsement unstated is a frequent source of disagreement at delivery, when one side expects burned-in labels and the other has supplied a metadata field.

Why keep the designation separate from the identifier?

Because they change on different timescales. Once produced, a Bates identifier is relied on by every party and cannot be altered without notifying the other side and issuing a correction, whereas designations are routinely challenged, downgraded or removed as a matter progresses.

Folding the label into the identifier string, producing something like ABC-CONF-000123, ties the two together permanently. De-designating that document then either leaves a misleading identifier in circulation or forces a renumbering that invalidates existing citations. Keeping the endorsement as a separate element on the page avoids the conflict entirely.

Where should the endorsement sit on the page?

Wherever the protective order specifies, and failing that, somewhere it cannot obscure evidence. The identifier conventionally occupies the bottom right corner, so the designation commonly sits at the bottom left or centre, far enough from the content that neither marking overlaps text, handwriting, exhibit stickers or signatures.

Mixed page sizes and landscape exhibits are where placement most often goes wrong, because a position measured for portrait letter pages lands somewhere unintended on a wide drawing or a scanned oversize sheet. Check placement against the widest and tallest pages in the set before running the full production.

Identifier and designation compared
Property	Bates identifier	Confidentiality designation
Purpose	Names one specific page	Records how the document is treated
Stability	Fixed once produced	May be challenged or withdrawn
Scope	Per page	Usually per document
Set by	Production numbering	Protective order
Cited in filings	Yes	Referenced, not used as a citation

Common questions

Should the designation be part of the identifier string?

No. Designations can be withdrawn or downgraded during a matter while the identifier must remain fixed, so combining them means a later change either leaves a misleading identifier in circulation or forces a renumbering that breaks existing citations. Keep them as separate elements on the page.

Do native files carry a designation?

They cannot be stamped, so the designation travels differently. Common practice records it in the file name and in the load file, and supplies a placeholder image carrying the beginning identifier and the designation, so a reviewer working from images still sees how the document is treated.

What happens when a document is de-designated?

The treatment changes but the identifier does not. The parties are notified, the document is normally reissued or a correction is circulated, and every existing citation continues to point at the same page. That continuity is the reason the identifier is kept stable.

Can different pages of one document carry different designations?

It depends on the protective order. Designations are usually applied at document level, but some orders permit page-level treatment where only part of a document is sensitive. Because it changes both stamping and load-file structure, it is worth settling explicitly rather than assuming.

Is a designation the same as redaction?

No. A designation states how a document must be handled; redaction removes content from it. A page can be designated without any redaction, and redacted material still needs a designation if the protective order requires one. The two are decided and applied separately.