Ink Color: Its Relevance to the Law
When it comes to legal documents, choosing the appropriate ink color is not just a matter of aesthetic preference; it also has significant legal implications. Different colors can convey different professional standards, levels of authenticity, and even affect the perceived validity of a document.
One of the primary concerns about document preparation is authenticity. Documents in legal contexts are subject to strict scrutiny and must be presented in a manner that leaves little to no room for doubt about their integrity. It is crucial that documents at all times appear to be original, rather than altered or tampered with. If there’s any question about a document’s authenticity, it can have a significant and detrimental effect on any case or negotiation related to that document .
Choosing black ink over other colors is often the safest choice because it is the easiest for courts and regulatory agencies to photocopy, scan or digitally image. Black ink is also considered to be the most formal and professional color to use for legal documents, and is typically preferred by most attorneys and law firms. With blue ink, it is often difficult to differentiate an original copy from photocopied ones, as this color shows up similarly on copies.
While there is no legal preference for black or blue ink, the fact remains that black ink is simply the safest choice when preparing legal paperwork. Blue ink has its place, but in the legal field, black is the dominant and preferred color.
Black Ink and Blue Ink: What the Law Requires
When it comes to legal documents, there is a surprising amount of variety in terms of what colors courts and other legal entities prefer to see. However, the vast majority of modern legal jurisdictions generally prefer either blue or black. This is because black ink tends to be the most legible and easiest to photocopy, although blue has been shown to create very clean and defined imprints as a result of high-quality print processing methods. For this reason, in many jurisdictions the color of ink you use can vary depending on whether the document is being delivered by hand or via electronic means (e.g., fax, email, etc.). If you or your clients are unsure about what an acceptable color will be for a given legal form, the best thing to do is simply ask. A good place to start will be the American Bar Association. The ABA has a list of the practices for all 50 states, as well as U.S. territories which can be found on its website. A simple search for "color of ink" followed by the state you’re searching can usually produce some good results.
Some jurisdictions have a few rules for color, though most are limited to whether the particular entity has a "pref [erence] for blue or black ink." The Delaware Supreme Court, for example, has stated that "[b]lue ink should be used for all filings that require an original signature. Blue ink is more readily distinguished when compared with black ink upon photocopying of a filing from the original document." In Michigan, Rule 1 of the court rules states that "[a]ll pleadings, motions, notices, and other paper presented for filing must be on white 8 ½ by 11 inch paper with black text." In other states, the preference is more muddled. For example, the State of California does not have any legal stipulation for the use of black or blue ink. However, the California Code of Civil Procedure mandates that "[e]very pleading, petition, and other paper presented for filing, except for exhibits and other printed or typewritten matter attached to or included in the body thereof … must be printed in black and white …," which can be interpreted as "black and blue." Courts in Georgia and Texas have recently come down in favor of black ink as well, with the Texas Supreme Court stating that "[a]ny original pleading, plea, motion, or other paper presented for filing must be on white 8½×11 inch paper and must be printed on a laser printer using black ink." Missouri has no stated preference for black or blue but recommends that you use "black ink to make photocopying easier." If none of these sources offer much insight on your color or ink concern, then consider consulting the rules of the jurisdiction where the document was filed.
Psychological and Practical Considerations for When Selecting Ink
Ink color may seem like a superficial detail in the world of legal documentation, but there are psychological and practical reasons behind those choices. The two most common colors for inked signatures in legal documents are blue and black, and there is often debate over which is the superior choice.
From a psychological standpoint, blue ink may invoke trust, professionalism and authority. Black ink, on the other hand, may create a stronger sense of respect and dependability. In the context of signing a legal document, it could be more beneficial to present a sense of authority and dependability with a black signature, with no chance of "revision" based on the ink color you choose.
There are also some practical considerations to factor into your decision. For instance, many electronic filing systems limit your ability to upload documents that have blue signatures. Additionally, if you were to ever need to make copies of any documents, you would likely need to copy them in black-and-white or grayscale. Using blue ink would create a risk that those copies could be seen as "falsified" or otherwise not original due to the color difference.
Consider these factors before choosing the color you will use on your upcoming contracts, wills, trusts and other essential legal documents.
The Historical Use of Ink in Legal Cases
The historical uses of blue and black ink are as varied as the manufacturers of pens and quills. In ancient civilizations, such as those of the Egyptians and Sumerians, dung soot was liquefied with water or oil, forming a pigment black in hue. While this black ink was used for sacred writings, the Egyptians also invented a blue ink. This was created by grinding Egyptian Blue, an artificial pigment, with paintecs, a plant-based binding gum that allowed the pigment to adhere to papyrus writing material. Interestingly, the more common black ink was applied to papyrus with reed pens, while some documents made with the more expensive blue ink were written with brush-stroke style strokes.
From ancient times to the Renaissance, traditional black or brown inks sat on the pages of manuscripts. In the 12th century, the first reference to blue-black ink appeared in Europe. Presented by Hugh of St. Victor, an ink made of powdered soot and copper, it produced shades of black to gray. The Spaniards developed similar blue shades from azurite, an aluminum copper carbonate mineral, and later began using indigo for its blue color.
With the Age of Enlightenment came Frederick G. Kleist, a German chemist and mayor of the town of Ehingen. Kleist created the modern indelible ink in 1795 by producing a synthetic dye from indigotin, from wuermite, a clay mine found in Wuerm, Germany. In 1863, Britain patented a fountain pen that used dye as ink, furthering the need for colored inks. The United States patent firm of Waterman invented a fountain pen to carry the ink in the 1880s. The Waterman pen required no shaking, had an ink-reservoir feed system, and a valve control to ensure it would write, even after being left uncapped for days. The Parker Company furthered the ink-fed pen industry in the 1900s and was the first to create a ballpoint pen.
Black and blue inks remained the standard for writing until the postwar era. European manufacturers bolstered the demand by emitting vivid, colorful advertisements. This marketing practice helped to stabilize the economy and draw attention to beautiful, artistic designs, resulting in the widespread acceptance of colored inks. Pink colored inks were a surprise to manufacturers and consumers during this time. In the early 1970s, blue-black became the favorite ink color among college students and professionals, despite the wide range of colorful inks, because it produced a satisfying dark shade of blue and a muted, black color. The 1970s and ’80s saw the introduction of non-bleeding colored inks developed by chemical engineers.
Examining Famous Legal Documents and Their Ink Color
The subject of ink color comes up regularly and at times there are specific reasons for the use of a particular color. There are specific notes from the Rules of Civil Procedure that speak to the color of ink. For example; Rule 38.01 – "Every paper in each court proceeding, not including a copy, shall be on white paper with black prints. A copy of an original document may be filed on green paper. An original document, and not a copy, may be filed or served on yellow paper." One case came from the Utah Court of Appeals where a case was originally transmitted in blue ink and denied. That case was heard again when submitted in black ink. In; State v. Adams, 2000 UT App 253, 10 P.3d 746, there was a strict interpretation of the rules stating; Utah Rule of Criminal Procedure 22(h) provides: (h)(1) After argument, except as provided in Rule 22(b), the court shall decide the case. The decision shall be in the form of a written judgment or order signed by the court with the words, ‘so ordered’ written immediately below, and with copies thereof readable legibly written or printed in black on white paper in an easy-to-read font; (emphasis added). The statement is made in this case that; "Black ink is so ordered." Not only is black ink ordered, Blue ink is expressly forbidden! The color Blue is grounds for denying a case to the Appellate court. (2) Each filed document shall be (A) on a single-side of 8.5 x 11 inch or 8.5 x 14 inch paper, (B) typewritten, printed, handprinted, or produced by any duplicating process resulting in a document of equal legibility to that produced from the typewriter or printer, and (C) fastened by the court, or by a party with the prior approval of the court with no staples . The judge may, with prior approval, authorize a document to be filed on a different size paper or in a different color ink if the circumstances of the case require it. (emphasis added) Where another case stands out for the use of colored ink comes from a federal Judge, "Judge" G. Murray Snow in Arizona who uses Purple ink. "Judge Snow uses purple ink exclusively in his orders and opinions.2 He prefers purple ink because he believes it provides visual clarity and encourages non-partisan scholarship as it renders the opinions illegible to partisan groups." The use of Purple Ink was brought to the attention of the public when local news stations reported it in a piece entitled, "Mother’s Day Order for Protecting Phoenix’s Children" "The Mother’s Day Order, released late last week, was signed by Judge G. Murray Snow. It seeks to protect the privacy of vulnerable victims and witnesses by ordering county officials "to take all steps necessary to avoid using any publicly accessible electronic data base that would disclose the names, addresses, phone numbers, and social security numbers of any victim, witness, or their families." Writing on the CMS website, Paul Cohen said of Judge Snow, "The purple ink is not just a quirk; it is by design. Snow uses purple ink for two reasons: to call attention to warning orders (e.g., notices that set forth rights to object and the consequences of failing to object) and to filter out litigant-generated documents that are not worthy of his attention." So, while blue ink as mentioned in the Utah Code is not to be used; there are others who have decided to use colored inks to be sure that they will get to the attention of the court before being processed.
Ink Use Guidelines for Legal Cases In The Present Day
While there are a wide variety of perceptions regarding the "rules" for the use of ink colors in legal documents, the current guidelines are as follows:
Choice of Color. According to the rules of most legal jurisdictions, parties can present their signed documents to the courts in either black or blue ink. The most advisable practice, however, is to use blue ink for all legal documents, including pleadings, affidavits, and correspondence. This guidance does not change if the document is a copy. While some people only sign in black ink, so that it matches the color of their copies, it’s recommended that blue ink be used for all signatures. It’s generally important for the original document and copies to be easily distinguished. Using different colors makes this easy. It’s particularly important that an original remain identifiable. Many government agencies ask that an original be used on forms as they will mark the original with their own stamp, which is very difficult to see if it’s on a photocopy. Further, using blue for an original and black for copies of the same document is advisable, because the printed signatures will have different colors, so it helps to distinguish between originals and photocopies.
Legibility. In addition to being firmly committed to legibility above all else, modern judges and litigators also respect blue ink because of its uniqueness, and, consequently, its usefulness in tracking the progress of a document through the legal system. Judges and court personnel routinely apply color-coding to specific types of documents in order to resolve cases efficiently. In general, blue ink is viewed as an acceptable alternative to black ink for finalizing legal documents. Using blue for all signatures is a good way to keep track of how documents are moving through the legal system. Judges welcome it because it clearly shows who signed what and when.
Highly legible documentation is required from law firms. Law firms generally do not use any color except black and gray fonts for lawyer-created documents. However, when it comes to client documents, they are not black-and-white. Law firms sometimes create documents for important clients who may have a preference for a softer, more neutral font.
Common Misunderstanding about Ink Color of Legal Documents
There are a number of myths and misconceptions that surround the use of blue or black ink in legal documents. For instance, the use of colors such as red, purple, or green is sometimes thought of as being unprofessional, when in fact they can be used to label notes and alternatives. Such uses, however, should be limited to private drafts for personal use and should not be used on documents intended for others to review.
Another misconception is that colored inks other than blue and black are not easily copied. In actuality, most copying machines today can reproduce a full range of colors, while printing devices such as color laser and inkjet printers are able to make high quality color copies .
Other misconceptions include the need for blue ink when signing legal documents or litigation materials, and the belief that signatures are more difficult to forge when executed in blue ink. Neither of these concepts are based on actual fact.
The rationale behind the initial color requirements for court filings and pleadings was overseen by the Federal Rule Advisory Committee back in 2003, in connection with the drafting of the Uniform Commercial Code and amendments to Article 9 of that Code. While the official color requirement was initiated almost twenty years ago, many people still abide by the old norms. However, current guidelines set forth by the Court and bar associations do not require that blue ink be used rather than black or any other color.