Why the Color of Ink Matters
The choice of ink color in legal documents may seem like a minor detail, but it can actually be quite important. The color of ink used may affect the authenticity or readability of a document, and certain ink colors may be required by certain legal systems or provisions.
For example, some legal documents must be signed in blue or black ink so that they can be scanned electronically and properly read by legal record-keeping systems. While copies of legal documents may be filed electronically in legal systems, physical copies are usually still required to be kept. Because of this, it is important for original copies of legal documents to be signed and sealed in ink that will remain visible and clear even after multiple scans and photocopies.
The ink color may also impact the authenticity of a document. Most legal documents should be signed in blue or black ink so that they stand out against the plain white or yellow paper most lawyers and courts utilize. If your contract or other legal document isn’t signed in an ink that stands out , if it must be authenticated down the line, it can be more difficult for the notary or other authentication expert to determine whether the marks on the page are indeed signatures or simply part of the print on the legal document.
These are just a few reasons why you should be aware of the ink color requirements in your state, agency, court or company when completing legal documents. While you do not need to choose your ink color every time you fill out a form, you do need to know how to ensure that your legal documents are filled out in accordance with the rules of your state.
Ink Color Requirements in the Legal Context
While many may simply consider this a matter of personal preference, the choice of ink color for legal documents has specific legal requirements in many jurisdictions. In fact, many states and federal courts require the use of black ink on legal documents. The reason for this standard goes back to the regulations established for the printing of legal documents. In 1826, President John Quincy Adams signed an order mandating that all clear governmental print jobs be prepared in black ink. Today, the production of most legal documents is computer-generated. However, many states have stuck to this standard and still require the use of black ink for legal forms. This is partly due to the fact that many legal documents must be provided in both paper and electronic versions. When the documents are scanned, copied or reproduced, the color of the ink can change, making the document difficult to read and sometimes difficult to process by a computer. For, example, a 2007 Court of Appeals case in Ohio, State of Indiana v. Wilson, requires that the attorney signature on legal documents be done using blue ink, not black. The Court states, "We next address the use of black ink for the signature line on the filing. [Local Rule] 5.2 states that ‘All filings must be in black print, except that signature (if required) must be in blue ink.’" Two years earlier, the same court ruled that, "A change of the font or the color of the font after the original filing is considered to be an amended filing." (Ohio Supreme Court Rule 13, section 3). While you may be safe sticking with blue ink, to avoid possible issues with the court process involved in certain legal documents, it is best to inquire with your local court to determine their exact rules for legal document ink color.
Benefits of Blue Ink
When it comes to legal documents, the standard color of ink has long been black, but there are some pros and cons to using blue ink for legal documents.
Most legal professionals will advise that you use black ink for your signatures on legal documents, but using blue ink is acceptable, especially with the advent of many digital paperwork systems that highlight blue ink as an easy color to differentiate markings, such as signatures, on documents.
Blue ink does stand out, and many people argue that it is easier for people that are color blind to distinguish signatures marked with blue ink as opposed to black ink. Nevertheless, in general, there are advantages and disadvantages to using blue ink or black ink, including:
Advantages to Using Blue Ink:
Some institutions, such as the New Jersey state court system, reject documents that are marked with blue ink. Typically, these documents are rejected because they get scanned into the court system, and because the blue ink may come through on the back side, could be marked as "non-readable." So it is important to check with your court system before you sign any documents that are being submitted to a court to see what the specific requirements are. In New Jersey, they specifically have a court rule that addresses the issue of blue ink as follows: J.R. 1:4 et.seq requires that documents provided to the Clerks’ Office "must be completely and legibly reproduced on opaque, unglazed, white paper, 8½" by 11" in size unless the court rules prescribe or permit a different size," N.J. Ct. R. 1:4-3(b), and "all documents other than pleadings, judgments, and nonleads must be typed or produced on a computer, . . . [and] must be in no smaller than 12-point font, and single spacing is discouraged," N.J. Ct. R.1:4-5(a). Documents written in blue ink are not readable, and therefore will be rejected. However, to the extent that blue ink is used for drafting outside of the presence of a notary public, blue ink is proper as an acceptable form of signature to which the Clerk’s Office allows filing provided that: (1) the document would otherwise be acceptable to the Clerk’s Office; (2) the document meets all court rules and procedures; and (3) the signer of the document is prepared to provide to the Clerk’s Office, on demand, the original of the document with a signature in black ink."
Disadvantages to Using Blue Ink:
Many people object to blue ink because of problems with reproducing photocopies or printed copies. They argue that the blue ink does not always copy well. Many people also find blue ink harder to read, so most people still prefer black ink for legal documents. Some legal professionals just find it a nuisance when it becomes a contention in a case and both sides must agree as to which color can be used. For the most part, blue ink still appears to be acceptable by most legal professionals, but there are a few things to keep in mind when using it: That said, it really depends on what you’re using the signature for and the jurisdiction you’re handling the matter in. Blue ink may or may not be an issue so the most important approach is to consult your local rules and always confirm with the judge presiding over the matter.
Benefits of Black Ink
The traditional color for legal documents is black. You’ll see it on the vast majority of documentation signed by lawyers and judges. That tradition is not without its reasons. Ink technology in the past was not as advanced as it is today. Lighter colors of ink were more likely to "smear," if not properly dried. The quality of the paper also mattered, and darker inks showed up on paper that was too lightly pigmented. As a result, black ink was the color of choice for many decades, and it’s an ink that every copier and printer can efficiently handle.
Even today, you’re likely to find that black ink is the safest choice for your legal documents. It will be more consistent in the future should it come into contact with liquids, and it will be compatible with whatever copying or image-removal methods are used on it in the future.
Black ink is also beneficial from a readability perspective. The darkest ink shows up most clearly on white paper, making the words highly visible to your audience. You want your legal documents to be completely visible, especially given the sensitive nature of the information contained in them. From judges and juries to clients, your readers will appreciate great visibility.
Key Factors to Consider When Choosing Ink Color
When it comes to choosing the appropriate ink color for legal documents, there are a few best practices to keep in mind. First and foremost, it’s crucial to consider the type of document you are signing, as well as the preferences of the parties involved and the relevant court standards. If a court has a specific rule or guideline regarding ink colors on legal forms, it should be adhered to. For instance, some federal courts have stated that blue ink is acceptable, while others recommend black ink . Be sure to do your research and understand the specific requirements of the court you are working with. Similarly, if there is a preference among the parties, it is important to follow those guidelines as well. The best practice is to choose a single infallible color – black ink – for primary use and then adhere to the rules at the local court level as well as the rules and preferences of any opposing parties. This removes any ambiguity and helps avoid problems later.
Myths and Facts about Ink Color
There are several myths and misconceptions out there regarding ink color. Let’s separate fact from fiction.
Myth: Different colored inks can be used to challenge or uphold a document’s authenticity.
FACT: When it comes to matters in court, it is not the color of the ink used on a legal document that determines its authenticity. In fact, there is no definitive answer for which ink color is legally binding. But the conclusion if the matter goes to court will be based on forensic analysis to determine if the signature in question matches the client’s signature on other documents. If there is reason to believe that someone has forged a signature, ink color will have no impact on the finding.
Myth: You should never use blue ink on any legal documents.
FACT: In some cases, you may not be allowed to sign in blue pen. However, most legal matters have no issue whatsoever with color. As long as you are allowed to sign in blue pen, it is not going to have any negative effect on signing a legal document. The only time you would want to avoid blue ink is if you ever plan to copy, fax or scan the document, as this will further obscure the ink.
Myth: Black is always the preferred ink color because it won’t smear.
FACT: In some ways, this point is subjective- many people prefer the look of black ink and it is a traditional favorite for most legal documents. But there is no right or wrong choice when it comes to using black or blue ink. Plus, it is not uncommon for both colors to be used; black for the standard printed text, and blue for the signature line. Be sure to keep this consistency through all pages of an important document to keep it looking professional and organized.
Effects of Choosing the Wrong Ink Color on Document Processing
Ink color can unalterably impact whether a legal document is processed by a government office, stamped by an official agency, recorded by a recording office or accepted or rejected by the Social Security Administration. For example, the New Jersey Motor Vehicle Commission will not process a license or title with ink or "indelible marker" in non-black colors. The U.S. Department of Energy suggests that "for best results, use a black non-reflective ink for entering information on forms . " Similarly, the Social Security Administration will not accept an applicant’s corrected birth certificate if it is not printed in black ink. Fortune 500 companies insist upon receiving signed documents and signatures in black ink. Banks and other corporations frequently reject signatures on checks which are not written in permanent ink as not being reflective of the banking industry’s standards. For these reasons, documents to be recorded by recorders of deeds and land courts (or registrars) at the local level should be executed with permanent black ink to avoid rejection.