Courts Should Avoid Handwritten Orders - Above the Law

"State and federal courts have adopted a number of technological advances in recent years that make it much easier to handle judicial matters. For instance, many courts adopted virtual courtrooms complete with cameras, monitors, and other systems to accommodate remote proceedings. In addition, most courts have adopted electronic filing systems that are much more efficient than paper filing systems. However, many courts still issue handwritten orders. Although this might be more convenient in certain circumstances, courts should avoid handwritten orders for a variety of reasons."

"Perhaps the most important reason why handwritten orders should be avoided is that they are difficult to read. In many instances, handwritten orders are written on carbon-copy forms, and a copy of a form might be difficult for a litigant to review. The process of scanning a handwritten order might also degrade the quality of the text on the decision. Moreover, some judges and judicial staff have absolutely horrible handwriting, and it is altogether difficult to discern what is written in the order."

"When I finally viewed the decision, I could not make out some critical language in the order. My adversary and I had different interpretations of what was written since different interpretations of the language had different impacts on our clients. We ended up needing to request clarification from the court, which wasted more time than if the court typed out the order and uploaded that instead of a handwritten order."

State and federal courts have implemented virtual courtrooms and electronic filing systems, yet many courts still issue handwritten orders. Handwritten orders are often illegible due to poor handwriting, carbon‑copy forms, and scanning degradation. Illegible orders cause misinterpretation, divergent readings by parties, requests for clarification, and wasted time. Handwriting constraints and time pressures lead to shorter orders that may omit critical reasoning or specific language. Typed orders are faster to produce, preserve readability when scanned, and support accessibility and case processing. Courts should prefer typed and electronically uploaded orders to improve accuracy, efficiency, and clarity for litigants and staff.

Read at Above the Law