The placeholder page · why productions would rather explain a gap than leave one
A slip sheet is a one-page placeholder that stands in a production for a document that is not produced — usually stating why. The point is Bates continuity: a production from ACME000001 to ACME000500 with an explained placeholder at ACME000231 reads cleanly. The same production with ACME000231 missing is a question mark, and the receiving attorney's first question is "what was here?"
| Situation | Typical slip sheet text | Why |
|---|---|---|
| Privilege / work product | "Document withheld as privileged." | Shows where the withheld document sat in the order, cross-referenced to the privilege log |
| Native-only production | "Document produced in native format." | Spreadsheets and media produced without TIFFs; the placeholder lives in the image set |
| Technical problem | "File could not be processed." / "File password protected." | Unreadable or encrypted files that could not be imaged |
Whether and how to use slip sheets is normally set by the ESI protocol in your matter — check it first. Some protocols prescribe the exact wording.
Usually, yes: the slip sheet takes a number like any other page, which keeps the range continuous and gives the privilege log a citation target. Under Rule 26(b)(5)(A), withheld information must be described so other parties can assess the claim — that description is the privilege log's job. The slip sheet does not replace it; it marks the spot the log points to. Keep privileged originals out of the production folder entirely — a slip sheet is only as safe as the folder it was assembled from.
The placeholder is a real page in the image set, so it gets a real OPT row (with the same path treatment as any other page) and, if the producing convention lists withheld documents, a DAT row with its own BEGBATES/ENDBATES. What you must not do is silently omit the document from every file: a DAT that skips a document while the OPT numbering continues is exactly the kind of cross-file disagreement the Bates checker surfaces — counts that don't reconcile between DAT rows, OPT Y-flags and LFP D-records.
A Bates gap is a legitimate production feature when explained (privilege, clawback) and a red flag when not — receiving parties check ranges for gaps and duplicates before anything else. Run the range through the Bates checker before shipping: every gap it finds should be either covered by a slip sheet or documented in the production cover letter. The DAT grammar guide covers the BEGBATES/ENDBATES fields these checks read.