Suppose we’re in trial circa 1999. We offer a key document marked as Defendants’ 123. Our opponent looks it over. “Objection,” she cries. “That document is not Defendants’ 123; this is Defendants’ 123.” And then she produces a different document.
Confusion reigns. How can there be two different documents with the same Bates number? The court’s reaction is easy to predict: Move on and figure it out, if you can, during a break.
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