Questions from Readers: Redbook Responses-part Ii

• Publication year: 2003
• Pages: 35
• Citation: Vol. 32 No. 1 Pg. 35

32 Colo.Law. 35 Colorado Lawyer 2003.

2003, January, Pg. 35. Questions From Readers: Redbook Responses-Part II

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35

Vol. 32, No. 1, Pg. 35

The Colorado Lawyer
January 2003
Vol. 32, No. 1 [Page 35]

Departments
The Scrivener: Modern Legal Writing
Questions From Readers: Redbook Responses--Part II
by K. K. DuVivier
C2003 K.K. DuVivier

K.K. DuVivier is an Assistant Professor and Director of the Lawyering Process Program at the University of Denver College of Law

After the last "Scrivener" article,1 I received several questions from readers about capitalization, so this entire column will address capitalization concerns. Although the title of this column is "Redbook Responses," I also used The Bluebook2 to respond to some questions that The Redbook3 did not address

Many legal writers use "up-style," capitalizing more words than in standard English. However, the modern trend is to capitalize less,4 and most professional editors prefer "down-style" in which words are capitalized sparingly. Uppercase or capital letters are harder to read than lowercase letters, and capitalization can be distracting, so it is best to avoid capitalizing unless a rule calls for it. Below are some of the capitalization rules most frequently applied in legal writing

Q: When should I capitalize the word "Court" and when should I use lower case "court" in briefs - and for that matter, in other legal correspondence?

A: In briefs or other court documents, capitalize the word "Court" for the specific court to which the document is directed.5 The Redbook states that capitalizing the word "court" shows deference to the tribunal and should be done even if the tribunal is the lowest ranked in its jurisdiction.6

Example: "This Court will be deciding a question never before ruled on in this jurisdiction. (In addressing a trial court.)"7

In all other instances, including both court documents and correspondence or other documents not addressed to a particular court, only capitalize the word "court" when: (1) "naming any court in full" or (2) "referring to the U.S. Supreme Court."8 Otherwise, use lowercase "court."9

Example: The United States Supreme Court reversed the appellate court's holding. The Court disagreed with the appellate court's conclusions, stating that court misconstrued the statute.

Example: The Cooper case was decided by the Colorado Supreme Court in...