Rochester, NY asked in Contracts, Civil Rights and Identity Theft for New York

Q: Why are names written in all capital letters on citations and court cases?

My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are important to the document. I then pointed him to UCC 1-201 which outlines how documents can be conspicuous. He then told me that as I am referring to the UCC code that this is confirming his theory that "all crimes are commercial in nature". Is there anything else I can use to try and explain to him why names are in all caps on legal document.....preferably another law that I can quote directly?

2 Lawyer Answers

A: It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols. Other attorneys might be more familiar with that concept. Good point on the U.C.C., but keep in mind that court pleadings also involve matters outside of sale of goods and other commercial transactions covered under the U.C.C. All caps makes names of parties stand out more, although it might matter less these days in some settings, as cases are often digitally indexed on electronic court and e-filing systems. Good luck

Jonathan R. Ratchik agrees with this answer

James L. Arrasmith
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Answered

A: You might explain to your friend that using all capital letters for names in legal documents is a standard formatting practice aimed at ensuring clarity and consistency. This convention helps important information, like the names of involved parties, stand out in the text, reducing the chance of errors or misunderstandings.

There is no law stating that writing names in all caps creates a legal fiction or changes a person's legal status. Courts have consistently dismissed arguments claiming that capitalization affects legal identity or rights. You could point out that legal systems focus on the substantive content of documents rather than typographical styles.

Additionally, the Uniform Commercial Code's mention of conspicuousness is about making certain terms in contracts clear and noticeable, not about transforming all legal matters into commercial ones. Emphasize that capitalization is simply a tool for clarity in documentation and doesn't carry any hidden legal implications regarding corporate entities or the nature of crimes.

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