4.2 Capitalization in a Transcript

Blueprint topic 20103 asks how capitalization is used in a transcript. The basic rules are ordinary English. The courtroom adds a few conventions that exam items test.

Rules from standard English

• Capitalize the first word of every sentence, including a sentence inside a quotation: He said, "We're not going to be able to keep this confidential."
• Capitalize proper nouns: people, places, organizations, days, months, holidays, brand names.
• Capitalize a title before a name, but not a title used alone: Lieutenant Heller testified; the lieutenant testified.
• Capitalize a title used in direct address: Yes, Judge. Thank you, Officer.
• Do not capitalize seasons, general directions, or common nouns used generically: in the spring, drove north, a police officer.

Courtroom conventions

Speaker IDs, examination lines and index headings

These are always in capitals, as in AAERT's sample pages:

          THE COURT:  Have a seat, please.
                         DIRECT EXAMINATION
BY MR. KENNELLY:

The Guide to Judiciary Policy (§ 520.40.20(b)) requires references to speakers and events to be "noted in capital letters and centered on the appropriate line," listing DIRECT EXAMINATION, CROSS EXAMINATION, PLAINTIFF RESTS and similar lines. Upper and lower case is preferred for the body of the transcript (§ 520.36.30).

Page headers are the exception

AAERT's page-header guide says: "never use all capitals for a header. Only capitalize the first letter of the name and the first letter of the examination." For example: Lim - Direct, Smith - Recross.

"Your Honor" and "the Court"

• Your Honor is always capitalized: Objection, Your Honor; hearsay.
• Court is commonly capitalized when it refers to the judge presiding in this proceeding, especially when the judge speaks of himself or herself in the third person: The Court will take a 15-minute recess. May I approach the Court? Only the C is capitalized; "the" stays lowercase mid-sentence.
• court stays lowercase for courts in general, other courts and the building: the appellate court, state courts, she left the court early.

Parties

• The prosecuting sovereign is capitalized when it refers to the party: AAERT's Scalini key has Representing the State is Emerson McHenry and The State would call Lieutenant Heller. The same applies to the Government, the United States (as the party), the People and the Commonwealth.
• Generic party labels are usually lowercase in running text. The same key has The defendant is here in person. Write the plaintiff's attorney and counsel for the defendant unless the transcript's style sheet says otherwise.
• In headings and index entries, party names are capitalized as part of the heading: PLAINTIFF'S OPENING STATEMENT, WITNESSES FOR THE PLAINTIFFS.

Exhibits, documents and rules

• Exhibit designations are capitalized: Plaintiff's Exhibit 1, Exhibit 12, Government Exhibit 3-A, Defendant's Exhibit B.
• Specific named laws and rules are capitalized: the Fourth Amendment, Rule 12(b)(6), the Federal Rules of Evidence, Section 1983. General references are not: the rules of evidence, a constitutional right.
• Document types used generically are lowercase: a motion to compel, the police report, the contract. Some firms capitalize defined terms in a specific filing, such as the Complaint. Follow the style sheet and apply it consistently.

Titles, ranks and professions

AAERT's sample title page shows the pattern in all capitals: BEFORE THE HONORABLE JOHN C. SIMONE, UNITED STATES DISTRICT JUDGE.

Words that trip transcribers

• Mr., Mrs., Ms. are capitalized; in speaker IDs the whole ID is in capitals (MR. McHENRY:). Keep a name's internal capital: McHenry, DuPont, O'Brien.
• a.m./p.m. are lowercase in running text and parentheticals: (Recess at 3:54 p.m.). Some title pages use A.M./P.M.; AAERT's own templates vary. Follow the template.
• Brand names are capitalized, generic names are not: Tylenol but acetaminophen; Glock but handgun.
• Spelled-out letters are capitals: H-E-L-L-E-R.
• Q and A designations are capitals; a period after them is optional.

Consistency is the real rule

Style guides disagree on a few points, such as capitalizing "Plaintiff" in running text. An exam item will not turn on a genuine style disagreement. It will turn on a clear error: a lowercase name, an all-caps page header, a lowercase "your honor," or a capitalized general term. In your own work, pick the style your client or template uses and apply it the same way every time.