Confidentiality Designations Alongside Bates Identifiers
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.
Combining a handling label with an identifier can complicate later designation changes. A separate endorsement or metadata field usually avoids that coupling. Where the agreed protocol requires a suffix, retain the agreed identifiers and define the correction process. Compare the prefix, padding and suffix examples with the actual production specification.
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.
| 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?
Usually it is easier to keep changeable confidentiality treatment separate from the stable identifier. If the agreed production protocol requires a suffix, follow it and document how designation changes will be communicated without silently renumbering pages.
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.