General example of constitution citation • Structure [Rule 11]
U.S. CONST. amend. XIV § 2.
Abbreviation of constitution cited • abbreviation for "amendment" • no. of amendment cited • section symbol and no. of section cited.
Abbreviation of U.S. and state constitution names [Rule 11]
For United States, use U.S. For states, use abbreviated name of state in table T.10. After either, put CONST.
Abbreviation of constitution subdivisions [Rule 11]
Abbreviate subdivisions of constitutions, such as article and clause, according to table T.16.
U.S. CONST. art. I, § 9, cl. 2.
U.S. CONST. amend. XIV, § 2.
U.S. CONST. pmbl.
N.M. CONST. art. IV, § 7.
Citation of constitutional provisions currently in force vs. repealed [Rule 11]
If constitutional provision is currently in force, cite without a date.
If cited provision has been repealed, either indicate parenthetically the fact and date of repeal or cite repealing provision in full.
U.S. CONST. amend. XVIII (repealed 1933).
U.S. CONST. amend. XVIII, repealed by U.S. CONST. amend. XXI.
Citation of constitutional provision subsequently amended [Rule 11]
Either indicate parenthetically the fact and date of amendment or cite the amending provision in full.
U.S. CONST. art. I, § 3, cl. 1 (amended 1913).
U.S. CONST. art. I, § 3, cl. 1, amended by U.S. CONST. amend. XVII, § 1.
Citation of constitution totally superseded [Rule 11]
Cite by year of adoption. If the specific provision cited was adopted in a different year, give that year parenthetically.
ARK. CONST. of 1868, art. III, § 2 (1873).
Short form for constitutions [Rule 11]
Do not use a short form other than id.
Compare citation to text:
U.S. CONST. art. IV, § 1. VS. Article IV, Section 1, or the Full Faith and Credit Clause.
S.C. CONST. art. I, § 12 VS. article I, section 12, or the double jeopardy clause.
What is Rule 1?
Structure and use of citations.
Two ways citations may be made [Rule 1.1]
In citation sentences or in citation clauses.
Footnote call number placement [Rule 1.1]
At the end of a textual sentence if the cited authority applies to the entire sentence, or within a sentence next to the portion it applies to if it only applies to that part.
Footnote call number and punctuation [Rule 1.1]
Call number comes after any punctuation mark, except a dash or a colon.
Footnote non-citation sentences [Rule 1.1]
Footnote may contain sentences that are related to or tangential to the main text to which the footnote is appended.
Citations within footnotes [Rule 1.1]
If a footnote needs a citation, the citation should directly follow the assertion needing citation in either a sentence or clause.
No signal [Rule 1.2]
No signal is used if the cited authority (i) directly states the proposition; (ii) identifies the source of a quotation; or (iii) identifies an authority referred to in the text.
E.g., [Rule 1.2]
Cited authority states the proposition; other authorities also state the proposition, but citation to them would not be helpful or is unnecessary.
May be used in conjunction with other sources.
But see, e.g.,
Accord [Rule 1.2]
Two or more sources state or clearly support the proposition, but the text quotes or refers to only one. The other sources are then introduced by accord. Similarly, the law of one jurisdiction may be cited as being in accord with the law of another.
See [Rule 1.2]
Cited authority clearly supports the proposition. Use see instead of no signal when the proposition isn't directly stated but obviously follows from it.
See also [Rule 1.2]
Cited authority constitutes additional source material that supports the proposition. See also is commonly used when authorities that state or directly support the proposition already have been cited or discussed.
Use a parenthetical to explain source's relevance.
Cf. [Rule 1.2]
Cited authority supports a proposition different from the main proposition but sufficiently analogous to lend support. Literally, cf. means "compare."
Use a parenthetical to explain source's relevance.
Comparison of authorities cited will offer support for or illustrate the proposition.
Use a parenthetical to explain source's relevance.
Compare example [Rule 1.2]
Compare Michael H. v. Gerald D., 491 U.S. 110, 121 (1989) (rejecting the claim . . .), and CATHARINE A. MACKINNON, FEMINISM UNMODIFIED 49 (1987) (contending . . .), with Loving v. Virginia, 388 U.S. 1, 12 (1967) (naturalizing . . .), Doe v. McConn, 489 F. Supp. 76, 80 (S.D. Tex. 1980) (holding . . .), and Kenneth L. Karst, The Freedom to Intimate Association, 89 YALE L.J. 624, 631 (1980) ("The denial . . .").
Signals indicating contradiction [Rule 1.2]
Contra But see But cf.
Contra [Rule 1.2]
Cited authority directly states the contrary of the proposition. Used where no signal would be used for support.
But see [Rule 1.2]
Cited authority clearly supports a proposition contrary to the main proposition. Used where see would be used for support.
But cf. [Rule 1.2]
Cited authority supports a proposition analogous to the contrary of the main proposition. Used where cf. would be used for support.
Use a parenthetical to explain source's relevance.
"But" and multiple negative signals [Rule 1.2]
Omit but from but see and but cf. whenever one of these signals follows another negative signal.
Contra Blake v. Kline, 612 F.2d 718, 723-24 (3d Cir. 1979); see CHARLES ALAN WRIGHT, LAW OF FEDERAL COURTS § 48 (4th ed. 1983).
Signals indicating background material [Rule 1.2]
See generally [Rule 1.2]
Cited authority presents helpful background material related to the proposition.
Use a parenthetical to explain source's relevance.
Signals as verbs [Rule 1.2]
In footnotes, signals may be used as the verbs of textual sentences. Include material that would otherwise be included in parenthetical explanations as part of the sentence itself, and do not italicize the signals.
See Christina L. Anderson, Comment, Double Jeopardy: The Modern Dilemma for Juvenile Justice, 152 U. PA. L. REV. 1181, 1204-07 (2004), for a discussion of restorative justice as a reasonable placement for retributive sanctions.
Cf. becomes "compare" and e.g. becomes "for example."
Order of signals [Rule 1.3]
Follow the order in which signals are listed in Rule 1.2.
Signals of same type - supportive, comparative, contradictory, or background - must be strung together within a single citation sentence and separated by semicolons. Signals of different types must be grouped in different citation sentences.
See Mass. Bd. of Ret. v. Murgia, . . .; cf. Palmer v. Ticcione . . . . But see Gault v. Garrison . . . . See generally Comment . . . .
Order of signals within citation clause [Rule 1.3]
May contain more signals of more than one type, separated by semicolons.
Order of authorities within each signal [Rule 1.4]
Overall order is
Treaties and other international agreements
Administrative and executive materials
Resolutions, decisions, and regulations of intergovernmental organizations
Records, briefs, and petitions
Order of authorities exception [Rule 1.4]
If one authority is considerably more helpful or authoritative than the other authorities cited within a signal, it should precede the others.
Substantive information in parentheticals [Rule 1.5]
Use parentheticals as needed to explain the relevance of a particular authority to a proposition.
Explanatory information takes the form of a present participle phrase, a quoted sentence, or a short statement that is appropriate in context.
Parentheticals: not quoting authority [Rule 1.5]
Begin with present participle and never with a capital letter.
See generally Akhil Reed Amar, Reports of My Death Are Greatly Exaggerated: A Reply, 138 U. PA. L. REV. 1651 (1990) (arguing that the author and the two-tier theory of federal jurisdiction are still viable).
Parentheticals: complete participle phrase not necessary in context [Rule 1.5]
Shorter parenthetical may be substituted.
Such standards have been adopted to address a variety of environmental problems. See, e.g., H.B. Jacobini, The New International Sanitary Regulations, 46 AM. J. INT'L. L. 727, 727-28 (1952) (health-related water quality); Robert L. Meyer, Travaux Preparatories for the UNESCO World Heritage Conventions, 2 EARTH L.J. 45, 45-81 (1976) (conservation of protected areas).
Parentheticals: phrases quoting the authority [Rule 1.5]
If parenthetical information quotes one or more full sentences or a portion of material that reads as a full sentence, it should begin with capital letter and include appropriate closing punctuation.
3 Consequences of Changing U.S. Population: Hearings Before the House Select Comm. on Population, 95th Cong. 11 (1978) (statement of Dr. David Birch) ("[T]here are more mayors of Rockville, Maryland, than there are mayors of Detroit.").
Parentheticals: short phrase quote [Rule 1.5]
Follow rule for participle phrase.
But see Flanagan v. United States, 465 U.S. 259, 264 (1989) (explaining that the final judgment rule reduces the potential for parties to "clog the courts" with a succession of time-consuming appeals).
Parentheticals: order within citation [Rule 1.5]
Explanatory parenthetical phrases should precede any citation of subequent history or other related authority.
Alt. Richfield Co. v. Fed. Energy Admin., 429 F. Supp. 1052, 1061-62 (N.D. Cal. 1976) ("[N]ot every person aggrieved by administrative action is necessarily entitled to the protections of due process."), aff'd, 556 F.2d 542 (Temp. Emer. Ct. App. 1977).
Related authority [Rule 1.6]
May provide citations to related authorities to aid in locating primary work or to provide relevant information not reflected in the primary citation. Use italicized explanatory phrase.
Related authority: in [Rule 1.6]
When citing a shorter work such as an article, essay, or speech originally published in a volume collecting such works, use in to introduce the collection as a whole.
Kay Deaux & Brenda Major, A Social-Psychological Model of Gender, in THEORETICAL PERSPECTIVES ON SEXUAL DIFFERENCE 89, 92 (Deborah L. Rhode ed., 1990).
Related authority: reprinted in [Rule 1.6]
A work that conveniently reprints a source originally published elsewhere may be introduced by reprinted in. As far as possible, provide a complete citation for the original work.
Louis Loss, The Conflict of Laws and the Blue Sky Laws, 71 HARV. L. REV. 209 (1957), reprinted in LOUIS LOSS & EDWARD M. COWETT, BLUE SKY LAW 180 (1958).
To indicate excerpts or partial reprints, add the word as.
S. REP. NO. 95-181, at 14 (1977), as reprinted in 1977 U.S.C.C.A.N. 3401, 3414.
Related authority: other phrases [Rule 1.6]
Other phrases may be used by analogy to Rule 1.6(a) (in and reprinted in), such as available at (see Rule 18), microformed on (see Rule 18.4.1), or translated in (see Rule 20.2.5).
Relevant history [Rule 1.6]
The prior or subsequent history of a case or a statute may be appended to the main citation for the case or statute and for situations where the subsequent history of a case or statute must be indicated.
Works that discuss or quote the primary authority may also be appended to the citation without parentheses as related authorities when particularly relevant or when locating the original source may be difficult. Use italicized phrases such as noted in, construed in, quoted in, reviewed by, cited with approval in, or questioned in.
Filled Milk Act § 1, 21 U.S.C. § 61 (2000), construed in Milnot Co. v. Richardson, 350 F. Supp. 221 (S.D. Ill. 1972).
What is Rule 9?
Titles of judges, officials, and terms of court.
Abbreviation of justices and judges [Rule 9]
J. and JJ.
Brennan & Scalia, JJ.
Ordering of listing of judges [Rule 9]
In order indicated at beginning of each volume of official reporter for the court.
For SCOTUS, list Chief Justice first and then in order of seniority.
Indicating term of court [Rule 9]
A term of court currently in progress is "this term." The immediately preceding term is "last term." Any term may also be indicated by year.
The 1999 term.
SCOTUS term should be indicated by the year in which the term began, not the year it ended.
What is Rule 2?
Typefaces for law reviews.
Typeface for case names in full citations [Rule 2.1]
Use ordinary roman type for case names in full citations, except for procedural phrases, which are always italicized.
Lochner v. New York, 198 U.S. 45 (1905).
State ex rel. Scott v. Zinn, 392 P.2d 417 (N.M. 1964).
Typeface for case names appearing within article title in citation [Rule 2.1]
Do not italicize.
Thomas J. Madden et al., Bedtime for Bivens: Substituting the United States as Defendant in Constitutional Tort Suits, 20 HARV. J. ON LEGIS. 469 (1983).
Typeface for short form of case citations [Rule 2.1]
Lochner, 198 U.S. at 50.
Typeface for books in citations [Rule 2.1]
Large and small capitals for both authors and titles.
RICHARD KLUGER, SIMPLE JUSTICE (1976).
Typeface for periodicals in citations [Rule 2.1]
Italicize article titles and use large and small capitals for periodical names. Authors' names are in ordinary roman type.
Katharine K. Baker, Once a Rapist? Motivational Evidence and Relevancy in Rape Law, 110 HARV. L. REV. 563 (1997).
Cass R. Sunstein, Lochner's Legacy, 87 COLUM. L. REV. 873 (1987).
David E. Bernstein, Lochner's Legacy's Legacy, 82 TEX. L. REV. 1 (2003).
Typeface for introductory signals in citations [Rule 2.1]
Italicize when they appear within citation sentences or clauses, but not when it serves as a verb of an ordinary sentence.
For an analysis of risk allocation rules under the UCC, see Roger S. Goldman, Note, Risk of Loss in Commercial Transactions: Efficiency Thrown into the Breach, 65 VA. L. REV. 557, 563-72 (1979).
Typeface for explanatory phrases in citations [Rule 2.1]
Oreck Corp. v. Whirlpool Corp., 579 F.2d 126, 131 (2d Cir.) (en banc), cert. denied, 439 U.S. 946 (1978).
Typeface for punctuation in citations [Rule 2.1]
Italicize commas, semicolons, and other punctuation marks when they constitute part of the italicized material, and not when they are merely an element of the sentence or citation in which they appear.
Nancy Reagan, Editorial, Just Say "Whoa," WALL ST. J., Jan. 23, 1996, at A14.
Typeface for case names in text [Rule 2.2]
Italicize case names, including the v. and all procedural phrases.
Missouri ex. rel. Gaines v. Canada.
Typeface for titles of publications, speeches, or articles in text [Rule 2.2]
The library has a copy of The Path of Law, which was published in the Harvard Law Review, a complete set of the Federal Supplement, and today's Wall Street Journal. It does not have a copy of Hearings on S. 776 or Alaska Statutes.
Typeface for case names grammatically part of sentence in footnote text [Rule 2.2]
In Loving v. Virginia, the Court invalidated Virginia's antimiscegenation statute.
In Loving v. Virginia, 388 U.S. 1 (1967), the Court invalidated Virginia's antimiscegenation statute.
Typeface for case names not grammatically part of sentence in footnote text [Rule 2.2]
The Court has upheld race-specific statutes that disadvantage a racial minority, e.g., Korematsu v. United States, 323 U.S. 214 (1944), but those decisions have been severely criticized.
Justice Harlan quipped that "one man's vulgarity is another's lyric," Cohen v. California, 403 U.S. 15, 25 (1971), but failed to provide further explanation.
Typeface for non-cases in footnote text if the full citation or a citation shortened according to Rule 4 is given [Rule 2.2]
Use typeface conventions for citations.
A different view is expressed in LEARNED HAND, THE BILL OF RIGHTS (1958), and HOLMES, supra note 2.
Typeface for non-cases in footnote text if the full citation or a citation shortened according to Rule 4 is not given [Rule 2.2]
Follow typeface conventions for main text of law reviews.
Judge Hand explained his philosophy of judicial review in The Bill of Rights.
Typeface for explanatory parentheticals in footnote text [Rule 2.2]
Follow convention for case names in citation text when full citation clause is included.
Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 110 (2002) (citing Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984)).
Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 110 (2002) (addressing an argument based upon Chevron).
Typeface for punctuation in footnote text [Rule 2.2]
Italicize punctuation only when it constitutes part of italicized material, and not when it's merely an element of the citation or sentence in which it appears.
Brannon Denning's article, Reforming the New Confirmation Process: Replacing "Despise and Resent" with "Advise and Consent," suggests amendments to the Senate's procedural rules.
What is Rule 3?
Work appearing in separately paginated (or sectioned or paragraphed) works, such as volumes, parts, or supplements [Rule 3.1]
Citation to such work must identify the separately paginated subdivision in which the material appears.
2 FREDERICK POLLOCK & FREDERIC WILLIAM MAITLAND, THE HISTORY OF ENGLISH LAW 205-06 (2d ed. 1911).
Separately paginated work: numbered volumes - author of entire work (all volumes) cited or not [Rule 3.1]
If author is cited, volume number precedes the author's name. Otherwise, volume number precedes volume's title.
2 SUBCOMM. ON LABOR OF THE SENATE COMM. ON LABOR & PUBLIC WELFARE, 92D CONG., LEGISLATIVE HISTORY OF THE EQUAL EMPLOYMENT OPPORTUNITY ACT OF 1972, at 1007 (1972)
Donald H. Ziegler, Young Adults as a Cognizable Group in Jury Selection, 76 MICH. L. REV. 1045, 1047 (1978).
Separately paginated work: numbered volumes - no volume number is readily identifiable by year [Rule 3.1]
Use the year of the volume as the volume number and omit the year after the pincite.
Thomas R. McCoy & Barry Friedman, Conditional Spending: Federalism's Trojan Horse, 1988 SUP. CT. REV. 85, 88.
Donald A. Dripps, Delegation and Due Process, 1988 DUKE L.J. 657.
Separately paginated work: numbered volumes - volume designation includes words [Rule 3.1]
Use brackets to avoid confusion.
[1977-1978 Transfer Binder] Bankr. L. Rep. (CCH) ¶ 66,472.
Separately paginated work: numbered volumes - volumes are numbered in a new series each year [Rule 3.1]
Give both the year and volume number, bracketing the year and placing it before the volume number to avoid confusion.
 2 K.B. 154.
Separately paginated work: separately paginated numbered parts - work is divided into separately paginated series, books, chapters, or other parts [Rule 3.1]
Include the relevant subdivisions in the citation.
26 CONG. REC. app. at 156 (1894) (statement of Rep. Hicks).
ser. 14, pt. 2, at 150.
pt. 3, § 4, at 15.
Separately paginated work: supplements [Rule 3.1]
Identify the supplement and its date in parentheses.
HAW. REV. STAT. § 296-46.1 (Supp. 1984).
GEORGE GLEASON BOGERT, THE LAW OF TRUSTS AND TRUSTEES § 496 (rev. 2d ed. Supp. 1985).
Separately paginated work: cite both main volume and supplement [Rule 3.1]
Use an ampersand.
42 U.S.C. § 1397b (1982 & Supp. I 1983).
Page citations [Rule 3.2]
Give page number(s) before the date parenthetical, without any introductory abbreviation (p. and pp. are used only in internal cross-references).
ARTHUR E. SUTHERLAND, CONSTITUTIONALISM IN AMERICA 45 (1965).
Use "at" if the page number may be confused with another part of the citation.
H.R. REP. NO. 82-353, at 4-5 (1951).
Thomas I. Emerson, Foreword to CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN, at vii, ix (1979).
Page citations: article, case, or other source within larger source isn't separately paginated [Rule 3.2]
Cite the page on which the item begins.
Bernard L. Diamond, The Psychiatric Prediction of Dangerousness, 123 U. PA. L. REV. 439 (1974).
United States v. Bruno, 144 F. Supp. 593 (N.D. Ill. 1955).
Government Employees Training Act, Pub. L. No. 85-507, 72 Stat. 327 (1958).
Page citations: specific material within source which doesn't separately paginate works within [Rule 3.2]
Include both page on which source begins and page on which specific material appears (a pincite), separate by a comma.
Matthew Roskoski, Note, A Case-by-Case Approach to Pleading Scienter Under the Private Securities Litigation Reform Act of 1995, 97 MICH. L. REV. 2265, 2271-75 (1999).
CATHARINE A. MACKINNON, On Exceptionality: Women as Women in Law, in FEMINISM UNMODIFIED 70, 76-77 (1987).
Page citations: specific material within source which doesn't separately paginate works within - material of first page of source [Rule 3.2]
Repeat the page number.
Christina M. Fernandez, Note, Beyond Marvin: A Proposal for Quasi-Spousal Support, 30 STAN. L. REV. 359, 359 (1978).
Page citations: material within concurring or dissenting opinion [Rule 3.2]
Give only the initial page of the case and the page on which the specific material appears, not the initial page of the concurring or dissenting opinion.
Baker v. Carr, 369 U.S. 186, 297 (1962) (Frankfurter, J., dissenting).
Page citations: material spanning more than one page [Rule 3.2]
Give inclusive page numbers, separated by an en dash or hyphen. Always retain the last two digits but drop other repetitious digits.
Edward L. Rubin, Note, Fairness, Flexibility, and the Waiver of Remedial Rights by Contract, 87 YALE L.J. 1057, 1065-69 (1978).
Page citations: hyphen or dash would be ambiguous because of page numbering system [Rule 3.2]
Use word "to" instead.
BORIS I. BITTKER & JAMES S. EUSTICE, FEDERAL INCOME TAXATION OF CORPORATIONS AND SHAREHOLDERS ¶ 5.06, at 5-31 to -32 (5th abr. ed. 1987).
Page citations: non-consecutive pages [Rule 3.2]
Give individual page numbers separated by commas.
Kleppe v. New Mexico, 426 U.S. 529, 531, 546 (1976).
Page citations: point is often repeated throughout entire source [Rule 3.2]
Use passim. Do not insert comma after initial page number.
Linda S. Mullenix, The Constitutionality of the Proposed Rule 23 Class Action Amendments, 39 ARIZ. L. REV. 615 passim (1997).
Footnote citations generally [Rule 3.2]
Give page on which footnote appears, "n.," and the footnote number, with no space between the "n." and the number.
Akhil Reed Amar, The Two-Tiered Structure of the Judiciary Act of 1789, 138 U. PA. L. REV. 1499, 1525 n.80 (1990).
Footnote citations for footnote spanning more than one page [Rule 3.2]
Cite only the page on which the footnote begins, "n.," and the footnote number.
Akhil Reed Amar, The Two-Tiered Structure of the Judiciary Act of 1789, 138 U. PA. L. REV. 1499, 1560 n.222 (1990).
Footnote citations when referring only to specific pages of a footnote that spans more than one page [Rule 3.2]
Cite only the specific pages, rather than the page on which the footnote begins.
Akhil Reed Amar, The Two-Tiered Structure of the Judiciary Act of 1789, 138 U. PA. L. REV. 1449, 1561-62 n.222 (1990).
Footnote citations for multiple footnotes [Rule 3.2]
Footnote citations for nonconsecutive footnotes [Rule 3.2]
Similar to non-consecutive pages, but substitute ampersand for last comma.
350 n.12, 355 n.18
291 nn.14 & 18, 316 nn.4, 6 & 8-9
Refer to both page in text and a footnote that begins on that page [Rule 3.2]
Use an ampersand between page and note number.
Irene Merker Rosenberg, Winship Redux: 1970 to 1990, 69 TEX. L. REV. 109, 123 & n.90 (1990).
Endnotes generally [Rule 3.2]
Give page on which endnote appears (not page on which call number appears), "n.," and the endnote number, with no space between "n." and the number.
JOHN HART ELY, DEMOCRACY AND DISTRUST 215 n.85 (1980).
Refer to both text and endnote whose call appears on that page [Rule 3.2]
Use ampersand between text page and page on which endnote appears.
JOHN HART ELY, DEMOCRACY AND DISTRUST 61 & 215 n.85 (1980).
Cite graphical materials, such as tables, figures, charts, etc. [Rule 3.2]
Give page number on which graphical material appears and the designation, if any, provided in the source, with no space between the abbreviation and the number. Use the abbreviations in table T.16.
Kevin M. Clermont & Theodore Eisenberg, Commentary, Xenophilia in American Courts, 109 HARV. L. REV. 1120, 1131 tbl.2 (1996).
Jennifer Gerarda Brown & Ian Ayres, Economic Rationales for Mediation, 80 VA. L. REV. 323, 397 fig.6 (1994).
Cite multiple graphical materials on same page [Rule 3.2]
Pluralize the abbreviated designation according to table T.16 and use commans and ampersands, not en dashes, to separate.
9 figs.3 & 4
1236 tbls.1, 2 & 3
Cite sections and paragraphs [Rule 3.3]
Use § or ¶.
15 U.S.C. § 18 (1982).
6 JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE ¶ 56.07 (3d ed. 1997).
Page number may be added if it's helpful in locating.
LAURENCE H. TRIBE, AMERICAN CONSTITUTIONAL LAW § 15-4, at 1314, § 15-6, at 1320 (2d ed. 1988).
Authority organized in part by indented paragraphs not introduced by paragraph symbols (¶) [Rule 3.3]
Don't cite such paragraphs with ¶ symbol. Instead, use the written abbreviation (para.).
THE DECLARATION OF INDEPENDENCE para. 2 (U.S. 1776).
Indented paragraphs where authority is ordinarily cited by page [Rule 3.3]
Do not cite indented paragraphs.
Mandela Trial Scheduled Today, USA TODAY, Feb. 4, 1991, at A4.
Paragraph symbol (¶) and section symbol (§) and use of "at" [Rule 3.3]
Do not use.
Id. § 7
NotId. at § 7.
MOORE ET AL., supra note 5,¶ 56.07.
Not MOORE ET AL., supra note , at ¶ 56.07.
Source contains punctuation separating sections from subsections [Rule 3.3]
Use original punctuation.
N.M. STAT. ANN. § 4-44-7(G) (1983).
Not N.M. STAT. ANN. § 4(44)(7)(G) (1983).
If source contains no such separating punctuation, place subsection designation in parentheses. Thus, place "1" and "a." in parentheses ("(1)" and "(a)", but not ".01" or "-32."
Cite multiple, consecutive sections and subsections [Rule 3.3]
Use two section symbols (§§). Give inclusive numbers; do not use et seq. Identical digits or letters preceding a punctuation mark may be omitted, unless doing so would create confusion. Otherwise, retain all digits.
WASH. REV. CODE ANN. §§ 18.51.005-.52.900 (West 1989 & Supp. 1991).
DEL. CODE ANN. tit. 9, §§ 817-819 (1989).
Cite multiple, consecutive sections when letters designate sections rather than subsections [Rule 3.3]
42 U.S.C. §§ 1396a-1396d (1994).
Cite multiple, consecutive sections and subsections when en dash or hyphen would be ambiguous [Rule 3.3]
42 U.S.C. §§ 1973aa-2 to -4 (1994).
MONT. CODE ANN. §§ 75-1-301 to -324 (1989).
Cite scattered sections [Rule 3.3]
Separate the sections with commas.
N.J. STAT. ANN. §§ 18A:54-1, -3, -6 (West 1989).
Repeat digits if necessary to avoid confusion.
N.J. STAT. ANN. §§ 18A:58-17, :58-25, :64A-22.1, :64A-22.6 (West 1989).
Cite multiple subsections within single section [Rule 3.3]
Use only one section symbol.
28 U.S.C. § 105(a)(3)-(b)(1) (1994).
19 U.S.C. § 1485(a)(1)-(3) (1994).
DEL. CODE ANN. tit. 9, § 6919(a)-(c) (1989).
Cite multiple subsections within different sections [Rule 3.3]
Use two section symbols.
19 U.S.C. §§ 1485(a), 1486(b) (1994).
Cite multiple paragraphs [Rule 3.3]
Treat like multiple sections.
1 Blue Sky L. Rep. (CCH) ¶¶ 4471-4474.
MOORE ET AL., supra note 5, ¶¶ 54.32-.35.
Cite appendix or appended note [Rule 3.4]
Use appropriate abbreviation in table T.16 after the citation the largest full subdivision to which the item is appended.
James Edwin Kee & Terrence A. Moan, The Property Tax and Tenant Equality, 89 HARV. L. REV. 531 app. (1976).
RESTATEMENT (SECOND) OF TORTS § 623A cmt. a (1977).
Cite particular page, section, or other subdivision in appendix [Rule 3.4]
Follow general citation rules for citation (page, section, etc.).
50 U.S.C. app. § 454 (1988).
Samuel Issacharoff & George Lowenstein, Second Thoughts About Summary Judgment, 100 YALE L.J. 73 app. at 124-25 (1990).
Cite appended material that serves as commentary on the material to which it's appended, or that further discusses a point related to the textual discussion [Rule 3.4]
Add information necessary to identify which of several named notes is cited [Rule 3.4]
42 U.S.C. § 1862 note (1988) (Denial of Financial Assistance to Campus Disrupters).
N.Y. BUS. CORP. LAW § 624 note (McKinney 1963) (Legislative Studies and Reports).
Supra and Infra [Rule 3.5]
Use supra to refer back to material that has already appeared within the piece; use infra to refer to material that appears later in the piece.
Use "note" and "part" to refer to footnotes and parts, respectively, within the same piece. P. and pp. are used to refer to other pages within the same piece.
See supra text accompanying notes 305-07.
See supra notes 12-25, 92-97 and accompanying text.
See cases cited supra note 22.
But see sources cited supra note 24.
Id. [Rule 4.1]
Use when citing immediately preceding authority, but only when immediately preceding citation contains only one authority.
Chaflin v. Specter, 233 A.2d 562, 562 (Pa. 1967).
Id. at 563.
42 U.S.C. § 1983 (1994).
See id. § 1981.
U.C.C. § 3-302(2) (1977); see also id. § 3-303(a).
Sources cited in explanatory parentheticals, etc. do not violate one source rule.
Tuten v. United States, 460 U.S. 660, 663 (1983) (quoting Ralston v. Robinson, 454 U.S. 201, 206 (1981)).
See id. at 664.
Supra and "hereinafter" sources [Rule 4.2]
Ok: legislative hearings, books, pamphlets, reports, unpublished materials, nonprint resources, periodicals, services, treaties and international agreements, regulations, directives, and decisions of intergovernmental organizations.
Supra and "hereinafter" non-source [Rule 4.2]
Not: cases, statutes, constitutions, legislative materials (other than hearings), restatements, model codes, or regulations, except in extraordinary circumstances, such as when name of the authority is extremely long.
In re Multidistrict Private Civil Treble Damage Antitrust Litig. Involving Motor Vehicle Air Pollution Control Equip., 52 F.R.D. 398 (C.D. Cal. 1970) [hereinafter Air Pollution Control Antitrust Case].
Supra citation of second item or work found within volume of collected materials already cited [Rule 4.2]
CATHERINE A. MACKINNON, On Exceptionality: Women as Women in Law, in FEMINISM UNMODIFIED 70, 70 (1987).
CATHERINE A. MACKINNON, Desire and Power, in FEMINISM UNMODIFIED, supra note 32, at 46, 47.
Hereinafter usage generally [Rule 4.2]
For authority that would be cumbersome to cite with the usual supra form or for which the regular shortened form may confuse the reader. Shortened form appears in same typeface.
Proposed Amendments to the Federal Rules of Criminal Procedure: Hearings Before the Subcomm. on Criminal Justice of the H. Comm. on the Judiciary, 95th Cong. 92-93 (1977) [hereinafter Hearings] (testimony of Prof. Wayne LaFave).
Hearings, supra note 34, at 33 (testimony of Hon. Edward Becker).
Hereinafter to distinguish two authorities appearing in same footnote if supra would be confusing [Rule 4.2]
See Edward B. Rock, Saints and Sinners: How Does Delaware Corporate Law Work?, 44 UCLA L. REV. 1009, 1016-17 (1997) [hereinafter Rock, Saints and Sinners]; Edward B. Rock, The Logic and (Uncertain) Significance of Institutional Shareholder Activism, 79 GEO. L.J. 445 (1991) [hereinafter Rock, Shareholder Activism].
See Rock, Saints and Sinners, supra note 38, at 1019; Rock, Shareholder Activism, supra note 38, at 459-63.
What is Rule 4?
Short citation forms.
What is Rule 5?
Quotations of 50+ words [Rule 5.1]
Indented on the left and right without quotation marks. Quotation marks within a block quotation should appear as they do in the original.
Paragraph structure is indicated by further indenting the first line of each paragraph. The first sentence of the first quoted paragraph is only indented if the first word of the quoted passage is also the first word of a paragraph in the source being quoted. Indicate omission of sentences and paragraphs with . . .
Footnote number placement with quotations [Rule 5.1]
Footnote number appears after final punctuation of the quotation.
Quotations of 49- words [Rule 5.1]
Enclose quotation in quotation marks but don't otherwise set off from rest of text. Do not indicate original paragraph structure (by indenting correspondingly) unless material quoted would normally be set off from the text (e.g., poetry, dialogue for play), in which case it may appear as block quote.
Altering quotations: substitutions of letters or words [Rule 5.2]
When changing from upper to lower case or vice versa or when substituting words or letters, bracket.
"[P]ublic confidence in the [adversary] system depend[s upon] full disclosure of all the facts, within the framework of the rules of evidence."
Altering quotations: omission of letters [Rule 5.2]
Indicate omission with brackets.
Altering quotations: mistakes in original [Rule 5.2]
Follow significant mistakes in original with [sic].
"This list of statutes are [sic] necessarily incomplete."
Altering quotations: changes to citations and parentheticals [Rule 5.2]
Use parenthetical clause after citation when source quoted contains any addition of emphasis, etc.
"The fact . . . suggests . . . that much of the richness of a relationship will come from the freedom to choose the form and nature of these intensely personal bonds." Bowers v. Hardwick, 478 U.S. 186, 205 (1986) (Blackmun, J., dissenting) (second emphasis added).
Altering quotations: omission of citation or footnote call number that follows the last quoted word [Rule 5.2]
Do not indicate omission.
Altering quotations: emphasis in quotation appears in original [Rule 5.2]
Do not indicate.
Quotation within quotation [Rule 5.2]
When possible, attribute to original source.
Chief Judge Skelly Wright noted Congress's "firm resolve to insure that the CIA's 'power that flows from money and stealth' could not be turned loose in domestic investigations of Americans." Marks v. CIA, 590 F.2d 997, 1008 (D.C. Cir. 1978) (Wright, C.J., concurring in part and dissenting in part) (emphasis added) (quoting Weissman v. CIA, 565 F.2d 692, 695 (D.C. Cir. 1977)).
Quotation: omission of word(s) [Rule 5.3]
Use ellipses: . . .
Ellipses should never be used to begin a quotation, nor when individual words are merely altered.
Quotation: using quoted language as phrase or clause [Rule 5.3]
Do not indicate omission of matters before or after a quotation.
Chief Justice Burger wrote that the availability of compulsory process is "imperative to the function of courts" and that "[t]he very integrity of the judicial system and public confidence in the system depend on full disclosure of all the facts."
But, indicate omission of matter within such a phrase or clause.
Chief Justice Burger wrote that the availability of compulsory process is "imperative to . . . courts."
Quotation: quoted language as full sentence [Rule 5.3]
Beginning of quoted sentence is omitted: capitalize first letter of quoted language and place it in brackets if it's not already capitalized.
Middle of quoted sentence is omitted: insert ellipsis where language is omitted.
End of quoted sentence is omitted: insert ellipsis between last word being quoted and final punctuation of sentence being quoted.
"National borders are less of a barrier to economic exchange now than at almost any other time . . . ."
Quotation: quoted language after end of sentence followed by other sentences [Rule 5.3]
Retain punctuation at end of quoted sentence and use ellipses, followed by next sentence(s).
"National borders are less of a barrier to economic exchange now than at almost any other time in history. . . . Economic activity continues its relentless drive toward world-wide scope, [so] trademarks become even more important."
Quotation: quoted language at end of sentence and after end of quoted sentence is omitted, followed by further quoted material [Rule 5.3]
Use only one ellipsis to indicate both of the omissions.
"National borders are less of a barrier . . . . [E]conomic activity continues its relentless drive toward world-wide scope, [so] trademarks become even more important."
"Why, then, are certain scholars advocating less . . . ? This seems counterintuitive."
Quotation: omitting citation or footnote [Rule 5.3]
Do not insert an ellipsis; rather, indicate such omission with the parenthetical phrase "(footnote omitted)" or "(citation omitted)."
What is Rule 6?
Abbreviations, numerals, and symbols
Abbreviations generally [Rule 6.1]
Tables at end of book have abbreviations. Abbreviations not listed in book should be avoided unless substantial space will be saved and the resulting abbreviation is unambiguous.
Different abbreviations for same words [Rule 6.1]
Sometimes the same word will be abbreviated differently.
F. and Fed.
app. and App'x
Spacing: adjacent single capitals [Rule 6.1]
Generally, close up.
Spacing: single capitals and longer abbreviations [Rule 6.1]
Don't close up.
Spacing: abbreviations of periodical names [Rule 6.1]
Close up all adjacent single capitals except when one or more of the capitals refers to the name of an institutional entity, in which case set them off.
B.C. L. REV.
N.Y.U. L. REV.
S. ILL. U. L.J.
Spacing: individual numbers, including numerals and ordinals [Rule 6.1]
Treated as single capitals.
Cal. App. 3d
F. Supp. 2d
Spacing: initials in personal names [Rule 6.1]
Abbreviations and periods [Rule 6.1]
Generally, every abbreviation should be followed by a period. But not those in which the last letter of the original word is set off from the rest of the abbreviation by an apostrophe.
Abbreviations, periods, and entities with widely recognized initials [Rule 6.1]
Can be written without periods in text, case names, and as institutional authors.
But don't omit periods when the abbreviations are used as part of reporter names, in names of codes, or as names of courts of decision.
E. Belden Corp., 239 N.L.R.B. 776 (1978).
Abbreviations and periods: United States [Rule 6.1]
United States may be abbreviated to U.S. when used as an adjective.
But history of the United States
Abbreviations and periods: abbreviations not commonly referred to in speech as initials [Rule 6.1]
Numerals zero to ninety-nine, vs. larger numbers, and exceptions to rule [Rule 6.2]
Spell out smaller numbers and use numerals for larger.
Numerals: exception for numbers beginning a sentence [Rule 6.2]
Must spell out any number that begins a sentence.
Numerals: exception for round numbers like "hundred" and "thousand" [Rule 6.2]
May be spelled out, if done consistently.
Numerals: exception for series including numbers both less than 100 and greater than or equal to 100 [Rule 6.2]
Numerals should be used for entire series.
The plaintiffs gained, respectively, 117, 6, and 28 pounds.
Numerals: exception for decimal points [Rule 6.2]
Numerals: percentages or dollar amounts [Rule 6.2]
If material repeatedly refers to these, use numerals.
Numerals: section or other subdivision numbers [Rule 6.2]
Numerals: commas [Rule 6.2]
Use commas to separate groups of 3 numbers, but only if the number contains five or more digits.
But don't employ this convention for internet database locators, docket numbers, etc.
United States v. Walker, No. 00-40098-JAR, 2003 WL 131711 (D. Kan. Jan. 6, 2003).
Numerals: part of a citation [Rule 6.2]
Figures are used for all ordinal numbers.
2nd and 3rd: text vs. citations [Rule 6.2]
Right "2nd" or "3rd" for textual sentences, but "2d" or "3d" for citations.
The 102nd Congress could not pass a rule that would bind the 103rd Congress.
Sections and paragraph: text vs. citations [Rule 6.2]
Spell out in text "section" or "paragraph," but use symbols in citations. Exception in text is when referring to provision in U.S. Code or a federal regulation.
Dollar and percent symbols: spacing [Rule 6.2]
No space between symbol and numeral.
Dollar and percent: text vs. symbols [Rule 6.2]
Use symbols when numerals are used; right out when numbers are written out. Never begin a sentence with a symbol.
What is Rule 7?
Italicization for style and in certain unique circumstances
Italicization for style [Rule 7.1]
Words and phrases may be italicized for emphasis.
Italicization of foreign words and phrases [Rule 7.1]
Italicize foreign words or phrases unless they have been incorporated into common English usage.
For Latin phrases in particular, common incorporation in legal writing suffices for non-italicization, but extra long or uncommon phrases should be italicized.
vin de table
ignorantia legis neminem excusat
non obstante verdicto
Letters representing hypothetical parties or places [Rule 7.1]
Italicize and capitalize.
A went to bank B in state X.
The lowercase letter "L" [Rule 7.1]
Italicize when it's used as a subdivision, as in a statute or rule, to distinguish it from the numeral "1."
Equations [Rule 7.1]
E = mc2
a > 2b
What is Rule 8?
Capitalization: words in heading or title [Rule 8]
Capitalize, including word immediately following a colon. Do not capitalize articles, conjunctions, and prepositions when they are 4 or fewer letter, unless they begin the heading or title or immediately follow a colon.
Capitalization: nouns that identify specific persons, officials, groups, government offices, or government bodies [Rule 8]
Capitalize (but see exceptions for act, circuit, etc.).
the Social Security Administrator
the congressional hearings
the presidential veto
Capitalization: act [Rule 8]
Capitalize when referring to a specific legislative act.
A union has a statutory duty of fair representation under the National Labor Relations Act.
The record of the hearings show that the Act required operators to pay for their own retirees.
Capitalization: circuit [Rule 8]
Capitalize when used with a circuit's name or number.
We have decided to follow the Fifth Circuit and the District of Columbia Circuit in that regard, rather than this circuit's unclear precedent.
Capitalization: code [Rule 8]
Capitalize when referring to a specific code.
At least one court considered the significance of the change between the 1939 and 1954 Codes.
Capitalization: commonwealth [Rule 8]
Capitalize if it is a part of the full title of a state, if the word it modifies is capitalized, or when referring to a state as a governmental actor or a party to a litigation.
The Commonwealth of Massachusetts sued several companies.
The Commonwealth may not relitigate the issue in a post-conviction hearing.
Capitalization: constitution [Rule 8]
Capitalize when naming any constitution in full or when referring to the U.S. Constitution. Also capitalize parts of the U.S. Constitution when referring to them in textual sentences, but not in citations.
Students in this class have studied the full faith and credit clause of the Pennsylvania Constitution. The students agree that the clause in that constitution is substantially similar to the Full Faith and Credit Clause in the U.S. Constitution.
Capitalization: court [Rule 8]
Capitalize when naming any court in full or when referring to the United States Supreme Court.
The California Supreme Court found no violation in such a case.
The argument in the state supreme court concerning the lack of prior notice was based solely on state authorities.
When the Court approves the argument, it becomes constitutional doctrine for the entire country.
The court of appeals reversed the trial court.
The Court of Appeals for the Fifth Circuit affirmed.
Capitalization: federal [Rule 8]
Capitalize when the word it modifies is capitalized.
The Federal Constitution provides for three branches of government.
A higher level of clarity is required in statutes that require federal spending.
Capitalization: judge, justice [Rule 8]
Capitalize when giving the name of a specific judge or justice or whenever referring to a Justice of the United States Supreme Court.
In one of the first decisions on point, Judge Cedarbaum rejected a group appointment.
This era of constitutional noninterference ended when the Justices proclaimed a profound national commitment to the principal that debate on public issues should be uninhibited.
The justices of the state's highest court will hear oral arguments on the issue of gay marriage.
Capitalization: state [Rule 8]
Capitalize if it's part of the full title of a state, if the word it modifies is capitalized, or when referring to a state as a governmental actor or as a party to a litigation.
The principal issue is whether the State of Kansas may impose its motor fuel tax. The State Commissioner adopted a broad-based policy.
The State brought this action two years ago.
Capitalization: term [Rule 8]
Capitalize when referring to a Term of the United States Supreme Court.
The United States Supreme Court considered this issue in this Term and in four other Terms since the 1978 Term.
The central common law courts sat only for four times a year, but customarily the year began with Michaelmas term.
What is Rule 10?
General citation order for case [Rule 10]
First party • v. • second party, • reporter volume no. • reporter abbreviation • first page of case, • specific page referred to • date of decision (deciding court if not clear from reporter name)
Meritor Sav. Bank v. Vinson, 477 U.S. 57, 60 (1986).
Citation for case with subsequent history [Rule 10]
[Following regular citation] (parenthetical phrase describing decision of court) • action of higher court, • citation of reversal and year.
United States v. MacDonald, 531 F.2d 196, 199-200 (4th Cir. 1976) (resting review of the dispositive issue on the principle of judicial economy), rev'd, 435 U.S. 850 (1978).
Short form: MacDonald, 531 F.2d at 197.
Cases with no name [Rule 10.2]
Use a popular name or cite as "Judgment of [full date]."
Cases: consolidated actions [Rule 10.2]
Cite only the first listed case.
Shelley v. Kramer
Not: Shelley v. Kramer, McGhee v. Sipes
Cases: multiple parties on each side [Rule 10.2]
Cite only the first party on each side.
Fry v. Mayor of Sierra
Not: Fry v. Mayor & City Council of Sierra Vista
But: Massachusetts ex rel. Alison v. Pauly
Elsen v. Spradlin, Lincoln & Amorosi
Omit words indicating multiple parties, such as "et al." And omit alternative names given for the first-listed party on either side.
Cheng v. Seinfeld
Not: Cheng et al. v. Seinfeld d/b/a The Man, Inc.
Cases: in rem cases with multiple items [Rule 10.2]
List only first-listed item or group of items.
In re Three Pink Cadillacs
Not: In re Three Pink Cadillacs, Two Turtle Doves, and a Partidge in a Pear Tree
Cases: real property as a party [Rule 10.2]
Use common street address, if available.
United States v. 6109 Grubb Road
Not: United States v. Parcel of Real Property Known as 6109 Grubb Road, Millcreek Township, Erie County, Pennsylvania
Cases: bankruptcy and similar cases with adversary and non-adversary names [Rule 10.2]
List adversarial name, followed by non-adversarial name in parentheses and include a procedural name (e.g., In re or ex rel.) before the non-adversarial name.
Wallingford's, Inc. v. Waning (In re Waning), 120 B.R. 607, 611 (Bankr. D. Me. 1990).
In re Drexel Burnham Lambert Group, Inc., 120 B.R. 724 (Bankr. S.D.N.Y. 1990).
In re Estate of Benson, No. C7-95-2185, 1996 WL 118367 (Minn. Ct. App. Mar. 19, 1996).
Cases: procedural phrases - ex rel., In re, multiple procedural phrases, and adversary parties [Rule 10.2]
Abbreviate "on the relation of," "for the use of," "on behalf of," "as next friend of," and similar expressions to "ex rel." Abbreviate "in the matter of," "petition of," "application of," and similar expressions "In re."
Omit all procedural phrases except the first.
When adversary parties are named, omit all procedural phrases except "ex rel."
Gorman v. Bruh
Not: In re Gorman v. Bruh
Massachusetts ex rel. Kennedy v. Armbruster
Ex parte Young
Cases: procedural phrases - introductory or descriptive phrases [Rule 10.2]
Include, such as "Accounting of," "estate of," and "will of."
Always italicize, regardless of whether rest of case name is italicized.
Ex parte Young
Cases: textual sentences (whether main text or footnote) and abbreviation [Rule 10.2]
Abbreviate only widely known acronyms (under Rule 6.1(b)) and the following 8 words:
But, if any of these 8 begins a party name, do not abbreviate it.
Philadelphia Electric Co., v. Hirsch
Not: PECO v. Hirsch
NAACP v. Kaminski
Cases: "the" as first word of party name [Rule 10.2]
Omit, unless it is part of the name of an object of an in rem action, or in cases in which "The King" or "The Queen" is a party.
Miami Herald v. Sercus
In re The Clinton Bridge
The King v. Broadrup
Cases: "the" in an established popular name [Rule 10.2]
Don't omit "the," except when referring to the case textually.
Neither of the Civil Rights Cases opinions was correct.
Not: Neither of The Civil Rights Cases opinions was correct.
See The Civil Rights Cases, 109 U.S. 3 (1883).
Cases: descriptive terms such as administrator, appellee, executor, licensee, and trustee that describe a party already named [Rule 10.2]
Burns v. McMillen
Not: Burns v. McMillen, Administrator
Trustees of Dartmouth College v. Garodnick
Cases: geographical terms - state, commonwealth, people [Rule 10.2]
Omit "state of," "commonwealth of," and "People of," except when citing decisions of the courts of that state, in which case only "State," "Commonwealth," or "People" should be retained.
Commonwealth v. Ferrone, 448 A.2d 637 (Pa. Super. Ct. 1982).
Not: Commonwealth of Pennsylvania v. Ferrone, 448 A.2d 637 (Pa. Super. Ct. 1982).
Blystone v. Pennsylvania, 494 U.S. 299 (1990).
Cases: geographical terms - city, county, village, township [Rule 10.2]
Omit "City of," "County of," "Village of," "Township of," and like expressions unless the expression begins a party name.
Mayor of New York v. Clinton
Not: Mayor of the City of New York v. Clinton
Butts v. City of Boston
Cases: geographical terms and prepositional phrases of location [Rule 10.2]
Omit all prepositional phrases of location not following "City," or like expressions, unless the omission would leave only one word in the name of a party or the location is part of the full name of a business or similar entity.
Surrick v. Board of Wardens
Not: Surrick v. Board of Wardens of the Port of Philadelphia
Planned Parenthood of Southeastern Pennsylvania v. Casey
Not: Planned Parenthood v. Casey
Shapiro v. Bank of Harrisburg
Elmers v. Mutual of Omaha
Cases: geographical terms - designations of national or larger geographical areas [Rule 10.2]
Include, except in union names. Omit "of America" after "United States."
United States v. Aluminum Co. of America
Retain all geographical designations not introduced by a preposition.
Billman v. Indiana Department of Corrections
Cases: given names or initials [Rule 10.2]
Omit generally, but not if they are names of business firms or where a party's surname is abbreviated.
Meyer v. Gordon
Not: Jennifer Cannon Meyer v. Daniel S. Gordon
Tanya Bartucz, Inc. v. Virginia J. Wise & Co.
Linda R.S. v. Richard D.
But don't omit any part of a surname made up of more than one word.
Van der Velt v. Standing Horse
Abdul Ghani v. Subedar Shoedar Khan
Given names following a surname should be retained.
Chow v. Ha Quang Jin
Not: Timothy Chow v. Ha Quang Jin
Cases: business firm designations [Rule 10.2]
Omit business firm designations if the name also contains a word such as "Ass'n," "Bros.," etc. that already absolutely clearly indicates that the party is a business firm. (This rule is read narrowly).
Wisconsin Packing Co. v. Indiana Refrigerator Lines, Inc.
Not: Wisconsin Packing Co., Inc. v. Indiana Refrigerator Lines, Inc.
Cases: union and local union names [Rule 10.2]
Cite a union name exactly as given in an official reporter, except:
(i) Cite only smallest unit.
Radio & Television Broadcast Engineers Local 1212
Not: . . . ,IBEW, AFL-CIO
(ii) Omit craft/industry designations, except the first full such designation.
International Brotherhood of Teamsters
Not: . . . Chauffeurs, Warehousemen, & Helpers
(iii) A widely recognized abbreviation of the union's name (e.g., UAW) may be used in accordance with Rule 6.1(b). (iv) Omit prepositional phrases of location.
Cases: commissioner of internal revenue [Rule 10.2]
Cite as "Commissioner" or, in citations, "Comm'r."
Cases: common case names different from name in reporter [Rule 10.2]
Either substitute common name for reporter name, or indicate parenthetically in the same type as the case name in the reporter.
The Brig Amy Warwick (The Prize Cases), 67 U.S. (2 Black) 635 (1863).
The Prize Cases, 67 U.S. (2 Black) 635 (1863).
If commonly known by short name different from that in reporter, may only indicate parenthetically in italics.
Youngstown Sheet & Tube Co. v. Sawyer (Steel Seizure), 343 U.S. 579 (1952).
Not: Steel Seizure, 343 U.S. 579 (1952).
Cases: multiple decisions [Rule 10.2]
May use helpful identifier of number of decision parenthetically and in italics.
But only use parenthetical identifier for primary citation. It may be used when the case is cited again.
Fox Television Stations, Inc. v. FCC (Fox I), 280 F.3d 1027 (D.C. Cir.), modified on reh'g, 293 F.3d 537 (D.C. Cir. 2002).
Fox Television Stations, Inc. v. FCC (Fox II), 293 F.3d 537, 540 (D.C. Cir. 2002) (quoting Fox I, 280 F.3d at 1043).
Cases: in citation [Rule 10.2]
Besides regular case rules, abbreviate.
Abbreviate words listed in Table T.6.
S. Consol. R.R. v. Consol. Transp. Co.
In re Consol. Transp. Co.
McGaugh v. Comm'r
Abbreviate states, countries, and other geographical units per Table T.10, unless the geographical unit is the entire name of the party.
In re W. Tex. Pepper Co.
LeBeau v. Univ. of Md.
But: Staub v. District of Columbia
Ctr. for Nat'l Sec. Studies v. U.S. Dep't of Justice
Abbreviate other words of 8+ letters if save substantial space and unambig.
Parallel citations [Rule 10.3]
See Table T.1 to determine which reporters to cite for decisions of courts.
However, if decision is available as an official public domain citation (medium-neutral citation), that citation must be provided, as well as a parallel citation to the regional reporter.
U.S. Supreme Court reporters with editor names [Rule 10.3]
For reporters through 90 U.S. (23 Wall.), give the name of the reporter's editor and the volume of that series.
If pagination of official jurisdiction-named reprints and the original reporters is the same, cite the page number.
Green v. Biddle, 21 U.S. (8 Wheat.) 1 (1823).
But if they differ, give parallel citations to the reprints and the original reporters.
Wadsworth v. Ruggles, 23 Mass. 62, 6 Pick. 63 (1828).
Early Pennsylvania federal and state court decisions reported in initial volumes of United States Reports [Rule 10.3]
Include cite to U.S., along with a parallel cite to the appropriate lower court reporter.
Barnes' Lessee v. Irwin, 2 U.S. (2 Dall.) 199, 1 Yeates 221 (Pa. 1793) (mem.).
United States v. Fries, 3 U.S. (3 Dall.) 515, 9 F. Cas. 826 (C.C.D. Pa. 1799) (No. 5126).
Medium-neutral format [Rule 10.3]
Case name • year of decision • state's two-character postal code • Table T.7 court abbreviation (unless the court is the state's highest court) • the sequential number of the decision • and a "U" if the decision is unpublished.
If available, a parallel citation to the appropriate regional reporter must be provided.
Beck v. Beck, 1999 ME 110, ¶ 6, 733 A.2d 981, 983.
Decision by Supreme Court Justice sitting alone in his/her capacity as Circuit Justice [Rule 10.4]
Russo v. Byrne, 409 U.S. 1219 (Douglas, Circuit Justice 1972).
District of Columbia Circuit and Federal Circuit abbreviations [Rule 10.4]
D.C. Cir. Fed. Cir.
District court abbreviations [Rule 10.4]
Give district, but not division.
Not: C.D. Cal. E.D.
Cite old circuit courts (abolished 1912) [Rule 10.4]
Cite judicial panel on multidistrict litigation [Rule 10.4]
Cite Foreign Intelligence Surveillance Court and Court of Review [Rule 10.4]
FISA Ct. Rev.
Cite bankruptcy courts and bankruptcy appellate panels [Rule 10.4]
Bankr. E.D. Va.
B.A.P. 9th Cir.
State court citation [Rule 10.4]
Indicate state and court of decision, unless court of decision is highest court of state (in which case only list state).
People v. Armour, 590 N.W.2d 61 (Mich. 1999)
Not: People v. Armour, 590 N.W.2d 61 (Mich. Sup. Ct. 1999).
Omit jurisdiction if it's unambiguously conveyed by reporter title.
DiLucia v. Mandelker, 493 N.Y.S.2d 769 (App. Div. 1985).
Not: (N.Y. App. Div. 1985).
Department or district in citing decisions of intermediate state courts [Rule 10.4]
Omit unless it's of particular relevance.
Schiffman v. Corsi, 50 N.Y.S.2d 897 (Sup. Ct. 1944).
Or: (Sup. Ct. N.Y. County 1944)
Year for case citation when not given [Rule 10.5]
Use year of term of court. In ambiguous cases, follow the year given in the running head (at the top of each page) in the reporter.
Decisions not published in reporters - dates [Rule 10.5]
Give exact date for all unreported cases cited to a looseleaf service, a slip opinion, an electronic database, or a newspaper. (But date isn't necessary for "unpublished" cases in Federal Appendix or in appropriate reporter for the jurisdiction.
Pending cases and cases dismissed without opinion [Rule 10.5]
Use date or year of most recent major disposition (which include only the initial filing, whether in trial court or on appeal, and the dismissal). Indicate significance of date within a parenthetical phrase unless its significance is explained elsewhere.
Case cited for proposition that isn't the single, clear holding of a majority of the court [Rule 10.6]
E.g., alternative holding, by implication, dictum, dissenting opinion, plurality opinion, holding unclear. Indicate fact parenthetically.
Parker v. Randolph, 442 U.S. 62, 84 (1979) (Stevens, J., dissenting).
Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528, 570 (1985) (5-4 decision) (Powell, J., dissenting).
Mem. [Rule 10.6]
Mem. means memorandum, which refers to a court disposition without an opinion.
Per curiam [Rule 10.6]
Refers to decision issued "by the court" as an institution as opposed to by a particular judge.
Quotation within case [Rule 10.6]
Use quoting or citing parenthetical; within parenthetical, cite as if citing it directly.
Zadyvdas v. Davis, 533 U.S. 678, 719 (2001) (Kennedy, J., dissenting) (citing Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 (1953)).
Only one level of recursion is necessary (don't provide another quoting parenthetical if 2nd case is quoting another), but may add additional level if particularly relevant.
Cases: order of parentheticals [Rule 10.6]
(i) weight of authority (ii) quoting/citing (iii) explanatory
But if explanatory contains text that itself requires quoting or citing, two parentheticals should be nested.
These parentheticals should follow the date and precede prior or subsequent history.
Wolf v. Colorado, 338 U.S. 25, 47 (1949) (Rutledge, J., dissenting) (rejecting the Court's conception of the exclusionary rule), aff'g 187 P.2d 926 (Colo. 1947), overruled by Mapp. v. Ohio, 367 U.S. 643 (1961).
Cases - subsequent history [Rule 10.7]
When decision is cited in full, give full subsequent history except omit
denials of certiorari or denials of similar discretionary appeals, unless the decision is less than two years old or the denial is particularly relevant.
history on remand or any denial of a rehearing, unless relevant to the point for which the case is cited.
any disposition withdrawn by the deciding authority, such as an affirmance followed by reversal on rehearing.
Cases - prior history [Rule 10.7]
Give only if significant to the point for which the case is cited or if the disposition cited doesn't intelligibly describe the issues in the case, as in a Supreme Court mem.
Subsequent history of subsequent history [Rule 10.7]
If subsequent history has subsequent history, append it onto it.
Herbert v. Lando, 73 F.R.D. 387 (S.D.N.Y.), rev'd, 568 F.2d 974 (2d Cir. 1977), rev'd, 441 U.S. 153 (1979).
Subsequent history and prior history - order [Rule 10.7]
Show prior history first.
Kubrick v. United States, 581 F.2d 1092 (3d Cir. 1978), aff'g 435 F. Supp. 166 (E.D. Pa. 1977), rev'd, 444 U.S. 111 (1979).
Significance of disposition [Rule 10.7]
Give significance of disposition if disposition doesn't carry the normal substantive significance.
vacated as moot
appeal dismissed per stipulation
Overruled cases [Rule 10.7]
Cases where later decision by the same court explicitly repudiates its earlier decision.
When case is overruled by multiple subsequent decisions by the same court (i.e., separate decisions overrule separate parts of the holding), include "and" between the two later cases.
Olmstead v. United States, 277 U.S. 438 (1928), overruled by Katz v. United States, 389 U.S. 347 (1967), and Berger v. New York, 388 U.S. 41 (1967).
Abrogated cases [Rule 10.7]
Cases that are effectively (but not explicitly) overruled or departed from by a later decision of the same court.
Cases superseded by statute [Rule 10.7]
Relevant legislature enacts legislation with specific intent of reversing the outcome of the initial case. Statute must be cited and a later case recognizing such may be cited for support as long as the later case is decided by the same court (or court with appellate jdx over original).
Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989), superseded by statute, Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1074, as recognized in Raytheon Co. v. Hernandez, 124 S. Ct. 513 (2003).
Multiple dispositions by same court [Rule 10.7]
Connect with "and."
United States v. Baxter, 492 F.2d 150 (9th Cir.), cert. dismissed, 414 U.S. 801 (1973), and cert. denied, 416 U.S. 940 (1974).
Different case name on appeal - no change [Rule 10.7]
Don't provide different case name if (i) parties' names are merely reversed; (ii) the citation in which the difference occurs is to a denial of certiorari or rehearing; (iii) when, in the appeal of an administrative action, the name of the private party remains the same; (iv) when the change is simply stylistic (e.g., "State" to "California").
Different case name on appeal - change in subsequent history [Rule 10.7]
Use "sub nom." to introduce new name.
Great W. United Corp. v. Kidwell, 577 F.2d 1256 (5th Cir. 1978), rev'd sub nom. Leroy v. Great W. United Corp., 443 U.S. 173 (1979).
Padilla ex rel. Newman v. Rumsfeld, 243 F. Supp. 2d 42 (S.D.N.Y.), aff'd in part, rev'd in part sub nom. Padilla v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003), rev'd, 124 S. Ct. 2711 (2004).
Different case name on appeal - changes in prior history [Rule 10.7]
Rederi v. Isbrandtsen Co., 342 U.S. 950 (1952) (per curiam), aff'g by an equally divided Court Isbrandtsen Co v. United States, 96 F. Supp. 883 (S.D.N.Y. 1951).
Cases available in slip opinions, generally [Rule 10.8]
If case is unreported but available in slip opinion, give docket number, court, and full date of most recent major disposition of case.
Mitchell v. Cal. Fair Plan Ass'n, 260 Cal. Rptr. 3 (Ct. App. 1989) (depublished).
Fifth Circuit Split [Rule 10.8]
5th Cir. was divided in 1981 into current 5th and 11th Circuits. Cite cases during transitional period accordingly to rule (see BB).
Briefs, court filings, and transcripts, generally [Rule 10.8]
Full name of document as it appears in the filing, abbreviated only according to Rule 10.2, followed by pinpoint citation (if any). Follow with full case citation.
Brief of Petitioner-Appellant at 48, United States v. Ali Saleh Kahlah Al-Marri, No. 03-3674 (7th Cir. Nov. 12, 2003).
Complaint at 17, Kelly v. Wyman, 294 F. Supp. 893 (S.D.N.Y. 1968) (No. 68 Civ. 394).
For amicus briefs, if there are 2+ signatories, et al. may be used.
May provide parallel cite to electronic database/website.
Short form of cases with briefs, court filings, and transcripts [Rule 10.8]
If case has been cited in full for briefs, court filings, or transcripts, this suffices for case short form. But, a supra form for the court document doesn't count for purposes of the five footnote rule.
Brief for the Petitioner, Demore v. Kim, 538 U.S. 510 (2003), No. 01-1491).
Petition for Writ of Certiorari, Demore, 538 U.S. 510 (No. 01-1491).
Court document itself may be cited using supra, but the case may not. Hereinafter may be used.
Brief for the Petitioner, supra note 1, at 12.
Cases: short form for footnotes [Rule 10.9]
Five-footnote rule. Otherwise, full citation is required.
Short form of party name/different name italicized. Avoid geographical or governmental unit, official, common litigant.
Youngstown, 343 U.S. at 585.
May also omit case name if there is no ambiguity at all.
343 U.S. at 585.
Id. at 585.
Cite entire decision and not pinpoint - must include shorter version of case name, volume number, reporter designation, and first page, but don't include jdx/date parenthetical
Steel Seizure, 343 U.S. 579.
Cases: short form for footnotes - commercial electronic database [Rule 10.9]
Use unique database identifier in constructing short form.
Clark v. Homrighous, No. CIV.A.90-1380-T, 1991 WL 55402, at *3 (D. Kan. Apr. 10, 1991).
becomes: Clark, 1991 WL 55402, at *2.
Lindquist v. Hart, 1 CA-CV 98-0323, at *2 (Ariz. Ct. App. July 15, 1999) (Loislaw.com, Ariz. Case Law).
becomes: Lindquist, at *3 (Loislaw.com, Ariz. Case Law).
Id. for different opinions within same case [Rule 10.9]
Indicate parenthetically, even if second opinion cited is the majority opinion.
Youngstown Sheet & Tube Co. v. Sawyer, (Steel Seizure), 343 U.S. 579 (1952).
Id. at 584.
Id. at 635 (Jackson, J., concurring).
Id. at 589 (Frankfurter, J., concurring).
Id. for parallel citations [Rule 10.9]
If parallel citations are required in full citation, id. form differs too.