|
Introduction
|
| ¶1 |
The seemingly insignificant legal citation is a linchpin of the law.
Citations enable lawmakers to legitimize their actions by linking legislative
enactments to established legal authority. They enable jurists to document
their decisions through supporting precedents. Citations also lead citizens
to the laws they are expected to obey. Our citation conventions have weathered
exponential increases in litigation, legislation, and regulation. Their
quiet success is attributable to congruence between generally accepted
citation standards and the structure of our legal literature. However,
current citation rules were crafted for the gilded age of the law book
and this symmetry is disintegrating as computer technology reshapes the
legal record. |
| ¶2 |
As information managers, law librarians have a great professional stake
in successful citation reform.1
Librarians expect a new citation form to meet several objectives. First,
the new citation standards must maximize access to the law by enabling
researchers to overcome both bibliographic and technological barriers to
finding points of legal authority. Second, the new citations must support
the use of legal sources in both books and the expanding electronic formats.
Third, a future citation system must be durable enough to serve researchers
through successive generations of information technology - including the
unseen post-Internet culture. To address these objectives, the American
Association of Law Libraries (AALL) launched its Universal Legal Citation
Project. |
|
A Brief History
|
| ¶3 |
This project evolved from the work of many groups, including, in addition
to the AALL, particular federal and state courts, state bar associations,
the American Bar Association (ABA), and public interest organizations. |
| ¶4 |
The early 1990s saw several efforts to redesign case citations to accommodate
electronic information technology. In 1992 the U.S. Judicial Conference
developed an electronic citation system intended to provide temporary citations
for cases posted on court-sponsored electronic bulletin boards .2 |
| ¶5 |
In 1993 the Louisiana Supreme Court devised a "public domain" citation
system for its case law. 3
At the same time, the State Bar of Wisconsin Technology Resource Committee
began its study of citation reform which culminated in a recommendation
that the state create an authoritative electronic archive of opinions issued
by its courts and that archived opinions be retrievable through a "universal
citation" system. The proposed case citation was to be both medium and
vendor-neutral and consist of four data elements: year, authority or court,
case number, and paragraph number.4 |
| ¶6 |
Responding to this interest in citation reform, in the spring of 1994,
AALL President Kay Todd formed a Task Force on Citation Formats to consider
and develop medium-neutral citation standards for legal materials.5
Later that same year, the AALL expressed an official position on the issue
when its Executive Board passed a resolution calling for "a system of citation
that permits reference to legal or law-related information in any medium,
print or electronic, without requiring reference to proprietary products
of any particular publisher . . ."6 |
| ¶7 |
The AALL Task Force conducted a thorough study of citation principles
to assess the need for a medium- and vendor-neutral citation system. The
Task Force also evaluated the various state and federal citation reform
initiatives. The findings and conclusions of the Task Force were presented
in a report to the Executive Board.7
The recommended case law citation was adopted. It contained five data elements:
case name, year, court identifier, opinion number and a paragraph number.
The statutory law recommendations were deferred pending further study.8
Noted but not addressed by the Task Force was the issue of a citation form
for state and federal administrative codes and regulations. |
| ¶8 |
With its work completed, the Task Force was dissolved. The AALL Executive
Board then created a standing Committee on Citation Formats whose purpose
was to create a set of universal citation rules for American law.9 |
|
The Need for a Universal Citation
|
| ¶9 |
Successive layers of information technology - first online databases,
then electronic bulletin boards and CD-ROMs, and lately the Internet -
have amassed an unwieldy digital legal record which is largely uncitable
using conventional citation standards. Specialized citations could be devised
for each new layer of this electronic record, but the wiser course was
to design a set of universal citation standards which can be used to locate
law both in books and any subsequent electronic formats. |
| ¶10 |
Incompatibility between book-based citation rules and electronic law
was only a part of the problem. Even if the architecture of the book could
be magically superimposed on electronic literature, the marketplace would
not allow it. At least one law book publisher claims copyright protection
over its pagination scheme10
- a scheme which has long enjoyed the imprimatur of the premier American
legal citation manual.11
The fact that this preferred pagination cannot be freely incorporated into
competing electronic products further undermines the utility and universality
of the traditional book citation rules. New citation standards that were
both vendor-neutral 12
and medium-neutral13
were needed. |
| ¶11 |
The traditional paper-based citation used data extrinsic to the text
to identify it. The title of the work in which the text appeared was a
key component, as were the volume number, if the text was in a serial publication,
and the initial page number. For more exact or "pinpoint" citations, the
writer was required to list internal page numbers. |
| ¶12 |
The Universal Citation form focuses on data intrinsic to the text cited.
When this form is adopted, the institution that produces a particular text
must follow certain standards. Courts will be asked to number their released
opinions and to number the paragraphs within those opinions. Those courts
that have adopted this or similar systems have begun to tag the texts of
their cases this way with little or no disruption of their distribution
process. The result is a citation form that is simple to derive and transparent
to read and understand. It also means that any publisher of case law must
preserve all of the data provided by the court including the citation elements. |
| ¶13 |
American constitutions - both at the federal and state level - currently
are cited using rules that result in medium and vendor neutral citations.
Accordingly, the UCG reaffirms the traditional citation rules with only
minor modifications. |
| ¶14 |
For statutory law the key issue is that compilations of statutes change
over time. Thus the writer must make sure the citation includes a reference
to the timeliness of the data cited. The Universal Citation form uses data
which is readily available as part of standard legislative reporting in
virtually all states to provide a new kind of "time stamp." In fact, many
electronic sources already provide this data on each screen. |
| ¶15 |
The citation of administrative law presents the same timeliness issue
as statutory law. However, since the practices of the various states deviate
substantially, the Universal Citation also must ensure that the name of
a particular code can be easily understood and accurately referenced. |
|
The Guide
|
| ¶16 |
This book, the Universal Citation Guide, is the culmination
of three years of Committee work to create a set of universal citation
rules for American law. The Committee has met regularly to address issues
of citation format in the current environment of both print and electronic
media, to develop rules and to act as a clearinghouse and information bank
for other bodies wanting to examine citation reform or implement Universal
Citation locally. With guidance from the reports of the AALL Task Force,
the ABA and Wisconsin, the Committee carefully and methodically developed
citation forms and rules for case law. The Committee continued its work
by designing, testing and refining citation forms and rules for statutes
and administrative regulations. Periodic publication of the proposed Universal
Citation rules in the Law Library Journal and on the Internet has
enabled the Committee to receive public comment on them. |
| ¶17 |
The Guide specifies a method for creating such universal citations
and thereby serves at least two functions. First, the very act of drafting
such a guide provides a "road test" of the proposed Universal Citation.
Even the most sensible citation proposal on paper will fail miserably if
researchers cannot actually construct citations by following a concise,
understandable body of citation rules. This Guide demonstrates that
the Universal Citation can effectively identify primary authority in all
American jurisdictions. In fact, the proposed case citation may be adapted
to cite international and many foreign court decisions. |
| ¶18 |
Second, the Guide is a blueprint for other participants in citation
reform. Here, too, modest success can already be claimed. Several states
have already adopted an electronic case citation that is substantially
identical to the Universal proposal. Other jurisdictions are at various
points on the road toward a universal case citation.14 |
|
Using the Guide
|
| ¶19 |
The Guide is divided into rules and appendices. The rules are
intended to assist researchers in crafting accurate, unambiguous citations
that enable readers to identify and locate cited legal authority in any
format. Each chapter covers a discrete type of legal authority. The introductory
material for each chapter explains the design logic behind the citation
form presented. Commentary is in footnote form throughout the Guide. |
| ¶20 |
Rules and examples follow the introductory material. Examples are presented
in text boxes. Where and how a particular rule applies in a full citation
is shown using red text. |
| ¶21 |
All paragraphs in the document are numbered to facilitate electronic
citation. |
| ¶22 |
The practice of capitalizing abbreviations varies from jurisdiction
to jurisdiction. Such capitalization does not affect the accuracy of the
citation. |
| ¶23 |
The appendices include an extensive table of model Universal Citations
for each jurisdiction (federal and state) based on their primary source
material (Appendices D and E). If a state has adopted a universal citation
form different from the model, that form also is provided. Also included
in the appendices are abbreviation tables for courts and for legislative
and regulatory terms. |
| ¶24 |
Ancillary issues such as typeface, style, or signal conventions are
beyond the scope of this guide. For these and any other issues not addressed
in this guide, the researcher should follow the most current edition of
The
Bluebook: A Uniform System of Citation [hereinafter The Bluebook].15 |
|
Conclusion
|
| ¶25 |
The capacity to adopt new citation standards rests with courts, legislatures,
administrative agencies, bar associations, and law schools. This endeavor
will require an effective working partnership among the different elements
within the legal profession. Few within these corridors of power have greater
patience, interest, or expertise to craft and test endless iterations of
citations for the varied legal materials issued by American jurisdictions
than do law librarians. Thus, it is only natural - if not necessary - that
law librarians assume a leadership role in framing a new set of citation
standards to serve the American legal community. To this end, the AALL
Committee on Citation Formats offers this Universal Citation Guide
for public use, study, and comment. Suggestions to improve the citation
formats presented, or the Guide itself, should be conveyed to the
AALL Committee on Citation Formats.16 |
|
Judicial Decisions
|
| ¶26 |
The Universal Citation rules for judicial decisions presented in Rules
100-107 have evolved more than other citation standards in this Guide.
The initial form of the citation was cast by the State Bar of Wisconsin
Technology Resource Committee to enable retrieval of cases from both print
volumes and online versions of judicial decisions. This initiative - known
simply as the Wisconsin Proposal - included four data elements: year of
the decision (using four digits); an abbreviation for the authority or
court issuing the opinion; an assigned sequential opinion number (that
begins at 1 each January); and a paragraph number (for use as a pinpoint
citation).17 |
| ¶27 |
The AALL Task Force on Citation Formats was able to adapt the Wisconsin
Proposal and expand it for national use. Ultimately, the Task Force recommended
a medium- and vendor-neutral case citation of five data elements:18
-
case name
-
year
-
court
-
opinion number
-
paragraph number
|
| ¶28 |
Following the AALL and Wisconsin initiatives, the American Bar Association
(ABA) designed its own recommended universal citation.19
The ABA model has been a useful tool to refine the AALL proposal. Three
features of the ABA model have been incorporated into the latest version
of the AALL universal case citation.20
The resulting Universal Citation consists of five sequential data elements:
The AALL Universal Case Citation
Universal Citaiton Elements
|
| ¶29 |
The current AALL proposal and the ABA model differ in only one major
respect. The difference concerns the court abbreviation data element -
which is the most complex element in a medium-neutral case citation.21
This difference, however, should not overshadow the many similarities between
the proposals that augur well for cooperation between the organizations. |
| ¶30 |
The legal academy is also warming to the task of citation reform. After
receiving both an early draft of the Universal Citation Guide and
related materials advocating citation reform, the editors of the latest
edition of The Bluebook added Rule 10.3.1. The new rule directs
researchers to use an "official public domain citation" when such a citation
is available for a decision.22
The Bluebook's official public domain citation closely resembles the
universal case citation - so much so that the Guide actually implements
the otherwise general guidance of Rule 10.3.1. |
| ¶31 |
Thus, the standards set out in the following rules have been tested
and refined by deliberation at the state bar level by Wisconsin, and at
the national level by the American Association of Law Libraries and the
American Bar Association. |
|
Rules
|
| ¶32 |
Rules 100 through 107 cover basic citation for case law. They do not
cover citations or signals to denote prior or subsequent case history,
or short form citations. For these issues the researcher should consult
The
Bluebook. |
| ¶33 |
Rule 100 Basic Citation Form
A full case citation includes:
1) the case name (Rule 101)
2) the year of the decision (Rule 102)
3) the court (Rule 103)
4) the opinion number (Rule 104)
5) the notation U - if the opinion is unreported or unpublished (Rule
105)
6) the paragraph number - if a pinpoint citation is needed to specific
text (Rule 106)
| Examples:
Godard v. Poole, 1995 US 353 ¶ 23
Price v. Bitner, 1996 WI 404 ¶ 12
Cohen v. Berring, 1997 OH App (2d) 66U ¶ 10
Gasaway v. Estes, 1998 US Dist (W MI) 90 ¶ 44
Billings v. Kehoe, 1999 LA App (4th) 104 ¶ 12
Roalfe v. Houdek, 2000 NY App Div (4th Dept) 12 ¶ 245 |
|
| ¶34 |
Rule 101 Case Name
Case names should conform to rule 10.2 and related rules of The Bluebook,
except that a researcher may cite an opinion from any source so long as
it contains the data elements used in the Universal Citation.
|
| ¶35 |
Rule 102 Year of Decision
After the case name, indicate the year in which the decision was rendered.
Express the year as a four-digit number, e.g., 1995 not 95.
|
| ¶36 |
Rule 103 Court
After the year, indicate the court that rendered the opinion. Identify
the court by constructing an abbreviation using the subrules below.
Generally, use US to identify a federal court. Use the standard
two-letter postal code to identify a state or territorial court. For convenience,
these postal codes appear in Appendix A.
Also use standardized abbreviations, provided in Appendix B, to identify
local or specialized courts.
Omit periods and other punctuation within the court abbreviation as
they are superfluous, e.g., US not U.S.
Omit the abbreviation Ct - unless its omission would make the
abbreviation ambiguous.
See Appendices D and E for individual jurisdiction citations.
|
|
|
103.1 High Courts
Identify a high court decision by using only a geographical abbreviation,
e.g., use US to cite a United States Supreme Court decision and
MO
to cite a Missouri Supreme Court decision.
|
|
|
| Examples:
1996 US 212 ¶ 8
1997 MO 33 ¶ 17 |
|
|
|
103.2 Intermediate Appellate Courts
Given the tremendous diversity in American court names, two citation
forms are needed to create unambiguous abbreviations for appellate courts.
A general citation form is offered for the majority of intermediate appellate
courts that are simply denominated as courts of appeals. A special rule
is provided for courts with more elaborate names.
Use the general citation form in Rule 103.2.1 for the United States
Court of Appeals and any state intermediate appeals court that is formally
named a "Court of Appeals," "Appeals Court" or "Appellate Court." Use the
special citation form in Rule 103.2.2 for all other appellate courts.
|
|
|
|
Use Rule 103.2.1 for:
Court of Appeals of Ohio for the Sixth
District
U.S. Court of Appeals for the Eighth Circuit
Appeals Court of Massachusetts
Appellate Court of Illinois
Use Rule 103.2.2 for:
Appellate Division of the Supreme Court
of New York State - First Department
Court of Special Appeals of Maryland
Intermediate Court of Appeals of Hawaii
Court of Criminal Appeals of Texas
|
|
|
|
103.2.1 General Appellate Court Citation
To cite a court of appeal: |
| 1) |
use US or a state or territorial abbreviation,
e.g., 1996
OH
App (6th) . . .
|
| 2) |
followed by App,
e.g.,
1996 OH App (6th) . . .
|
| 3) |
followed by the number or name of the judicial circuit, district or
equivalent subdivision in parentheses,
e.g., 1996 OH App (6th) . . . or 1997 US App
(DC)
.
. .
Omit the parenthetical if the circuit or district is part of a unitary
appellate court and the opinion binds all equal divisions of the court.
Omit the abbreviations Cir or Dist unless the omission
would make the abbreviation ambiguous. |
|
|
| Examples:
1996 OH App (6th) 212 ¶ 8
1997 US App (8th) 33 ¶ 17
1998 MA App 212 ¶ 8
1999 IL App (4th) 33 ¶ 17 |
|
|
|
103.2.2 Special Appellate Court Citation
To cite any other appellate court of general or special jurisdiction:
|
| 1) |
use US for a federal court or the appropriate state or territorial
abbreviation,
e.g., 1997 NY App Div (1st Dept) . . .
|
| 2) |
followed by any additional standard abbreviations needed to unambiguously
identify the court issuing the opinion,
e.g., 1997 NY App Div (1st Dept) . . .
|
| 3) |
followed by the number or name of the judicial circuit, district or
equivalent subdivision in parentheses,
e.g., 1997 NY App Div (1st Dept) . . .
Omit the parenthetical if the circuit or district is part of a unitary
court and the opinion binds all equal divisions of the court.
Omit the abbreviations Cir or Dist unless the omission
would abbreviation ambiguous.
|
| Examples:
1996 NY App Div (1st Dept) 212 ¶
8
1997 MD Sp App 212 ¶ 8
1998 HI Interm App 212 ¶ 8
1999 TX Cr App 212 ¶ 8 |
|
|
|
103.3 Other Courts
To cite any trial or other court use: |
| 1a) |
US for a federal court,
e.g., 1995 US Dist (W MI)
. . .
OR
|
| 1b) |
a state or territorial abbreviation, followed by any local geographical
abbreviation needed to identify the local court issuing the opinion,
e.g., 1996 FL Orange County
Ct . . .
AND
|
| 2) |
followed by any additional standard abbreviations needed to unambiguously
identify the court issuing the opinion,
e.g., 1996 FL Orange County Ct . . .
|
| 3) |
Followed by the number or name of the judicial circuit, district or
equivalent subdivision in parentheses.
e.g., 1995 US Dist (W MI) .
. .
Omit the parenthetical if the circuit or district is part of a unitary
court and the opinion binds all equal divisions of the court.
Omit the abbreviations Cir or Dist unless the omission
would make the abbreviation ambiguous. |
| Examples:
1995 US Dist (W MI) 111 ¶ 10
1996 FL Orange County Ct 33 ¶ 17
1997 AZ Tax Ct 212 ¶ 8
1998 US Ct Fed Cl ]111 ¶ 10
1999 DE Ch Ct 33 ¶ 17
2000 NE Workers Comp Ct 212 ¶ 8 |
|
| ¶37 |
Rule 104 Opinion Number
Courts implementing the universal case citation will assign a unique
number to each opinion upon its release. Include this opinion number after
the court abbreviation.
|
| ¶38 |
Rule 105 Unreported or Unpublished Status
If an opinion is unreported or unpublished, as determined by the issuing
jurisdiction, append the letter U to the opinion number.
| Example:
1996 OH App (8th) 312U ¶ 15 |
|
| ¶39 |
Rule 106 Pinpoint Citation by Paragraph Number
Courts implementing the universal case citation will number each paragraph
of text within an opinion. After the opinion number, a researcher may cite
to particular text by use of a ¶ symbol followed by the appropriate
paragraph number.
|
| ¶40 |
Rule 107 Parallel Citations
The Universal Citation for judicial decisions requires no parallel citation
as a supplemental device to identify or locate materials. When a parallel
citation is required, the researcher should consult appropriate rules of
The
Bluebook for guidance on constructing parallel citations.
|
|
Constitutions
|
| ¶41 |
Constitutions have always been cited in a medium-neutral form without
reference to a particular publication. Following this traditional approach,
Rules 200 through 204 set forth a simple framework for citing the United
States Constitution, state constitutions, and similar documents such as
city charters. |
| ¶42 |
In most legal writing, references to constitutional texts do not need
citations because sufficient citation-like information will be incorporated
into the body of the memorandum, brief, or articles. These rules have been
developed to accommodate situations that require greater precision. |
| ¶43 |
A date element is usually not necessary to show the currency of a constitutional
text because constitutions do not change frequently. However, if the citation
is to a constitutional text that is not in force at the time of writing,
or if a date is germane to the point of the citation, information referring
to the date of the text is required. |
| ¶44 |
It is important to remember that state constitutions tend to be much
longer and more complex than the federal Constitution. The text of' the
United States Constitution is always presented as the original text with
the amendments. It is never edited into a single up-to-date text. The practice
for citation to a state constitution varies. It may be an original text
with amendments, but also may be published in a form similar to that of
statutory code publications, incorporating amendments into the original
text. Therefore, the federal citation model cannot be followed in all situations. |
| ¶45 |
The following rules will satisfy the writer's obligation to provide
an unambiguous reference to a constitutional source. |
|
Rules
|
| ¶46 |
Rule 200 Basic Constitutional Citation Form
A full constitution citation includes:
| 1) |
the name of the jurisdiction (Rule 201) |
| 2) |
the abbreviated name of the document (Rule 202) |
| 3) |
the name and number(s) of the specific portion of the document being
referred to (Rule 203) |
| 4) |
if necessary for clarity, parenthetical information to provide additional
specific data (Rule 204) |
|
| ¶47 |
Rule 201 Jurisdictional Name
Use US to identify the federal Constitution. Use the standard
two-letter postal abbreviation for state names. For convenience, these
postal abbreviations appear in Appendix A. The other choice of abbreviation
for jurisdictions is left to the writer.
| Examples:
US Const art I cl 2 § 2
ND Const art V § 10
Org Act of Guam § 1421q
Palau Const art VIII § 7(5)
NYC Charter § 93a |
|
| ¶48 |
Rule 202 Name of the Text
|
202.1 Standard Name
The standard name for constitutions is "constitution." However, there
are other documents, such as historical constitutions or texts, that function
as constitutions but have different titles.
|
| Examples:
Constitution (Const)
Articles of Confederation (Art of Conf)
Northwest Ordinance (NW Ord)
Organic Act (Org Act)
Charter (Chart) |
|
202.2 Date
Constitutions in force should be cited without a date. The date of the
whole document should only be included in citations to superseded constitutions.
Key pre-constitutional historical documents need not be dated. Express
the year as a four-digit number.
|
| Examples:
LA Constitution of 1921 art 8 § 23(a)
MT Constitution of 1889 art 3 § 31
NYC Charter of 1963 § 431
US Art of Conf art 13 |
|
| ¶49 |
Rule 203 Subdivisions
|
203.1 Subdivision Names
Use the specific name used in the constitution for the section being
cited.
|
| Examples:
Preamble (pre)
Article (art)
Clause (cl)
Section (§ or s) - (§ preferred)
Paragraph (¶ or para) - (¶ preferred)
Amendment (amend) |
|
203.2 Subdivision Numbers
Use Roman numerals, Arabic numerals, or a mix for the articles, sections,
and amendments exactly as provided by the source. Do not convert from one
to another.
|
Examples:
US Const art II § 2
AR Const art 9 § 20
(b)(ii) |
|
| ¶50 |
Rule 204 Parenthetical Information
|
204.1 Date
If the date of a constitutional event is important to the reason for
the citation, it should be included as a parenthetical statement. However,
this is an example of the kind of information that is more effectively
expressed in the body of the article or brief rather than as a citation
note.
|
| Examples:
AL Const § 8 (1994 before amend 598 [1996]) |
|
204.2 Origin
If it is important to note that the constitutional document appears
also as a statute, cite the statute in a parenthetical statement.
|
| Examples:
OK Organic Act of 1890 (US L 890 ch 182) Westchester County Charter
(NY L 1937 ch 617) |
|
204.3 Amendments
If a constitutional article has been modified by an amendment, note
that fact and, if relevant, the date of the amendment in a parenthetical
statement. If the amendment is being referred to as a text within the whole
of the constitution, cite directly to the amendment.
|
| Examples:
US Const art I cl 2 § 3 (as modified by the 14th and 16th Amendments)
US Const amend 22
KY Const § 110 (amended 1975) |
|
|
Statutes
|
| ¶51 |
Rules 300 through 313 indicate how researchers can cite American statutory
law as published in codes, compilations,23
and session laws, using the Universal Citation Guide. |
| ¶52 |
The issues regarding statutory citation differ significantly from those
of judicial decisions.24
Unlike a decision, a statute can have a continually changing text dependent
on legislative activity. The writer has an obligation to provide a reference
to the accurate text of the relevant statute as of a particular date. |
| ¶53 |
Textual differences can arise out of the legislative process and the
procedure for creating codes. The codification process consists of taking
selected provisions of the session laws and arranging them in a different
order to create the code. In states such as Arkansas and Texas where the
legislature meets only once every two years, it is necessary to codify
the session laws only biennially. Other state legislatures, such as those
in California and New York, meet annually. The United States Congress is
almost continually in session. |
| ¶54 |
Congress' continual lawmaking invites continual updating of the United
States Code. However, the official paper version of the Code is recompiled
only once every six years, and the paper supplements are compiled annually.25
The official CD-ROM version recompiles the entire Code, merged with its
supplement, once a year. The official Web site is updated as each volume
of the paper supplement is printed.26
On the other hand, commercial publishers typically compile unofficial versions
of the U.S. Code more frequently. The West Group, for example, compiles
its print and online codes bimonthly and its CD-ROM code quarterly.27
This raises the likelihood of variations in text between different versions
of the same code. Although it was always possible for different print versions
to have this problem, it now has become commonplace because of the advent
of electronic publishing and the ease with which codes can be recompiled.
Today researchers are confronted with a bewildering array of printed and
electronic versions of the U.S. Code that are current through different
dates. |
| ¶55 |
A related issue that has always existed, but of which many researchers
were unaware, is the possibility of differences between the session law
text and the text of the code. If there is a material difference in the
texts, and the code has not been enacted into positive law, convention
requires the writer to cite the session laws, not the code.28
Some states such as Alabama and California have enacted their entire codes
and also enact codified amendments. Other states such as Arizona enact
their codes but do not enact codified forms of the subsequent, amending
session laws. Still other states such as Arkansas enact their codes but
with a "rabbit hole" that allows writers to cite the session law instead
if the code text is wrong.29
Finally, a handful of states such as Missouri have not enacted their code
into positive law at all; the entire text is merely prima facie evidence
of the law. The most complex situation is found in states such as Texas
where the codification process is ongoing, resulting in a combination of
codes and compilations. |
| ¶56 |
These scenarios raise a problem much more serious than the rare accidental
differences in text that occur in case law. The problem manifests itself
in the date used in citing a statutory code section. Several possible choices
for dates confront the writer. The Bluebook requires writers citing
a code to give the publication date of the print source, whether it is
a bound volume, pocket part, or paper supplement.30
However, an equivalent publication date does not exist for codes available
online, on a CD-ROM product, or on the Internet. |
| ¶57 |
Another possibility is the date that the writer actually views the
code. This alternative does not solve the problem because it does not indicate
the currency of the code text that the writer is consulting. A writer could
view the official version of the U.S. Code and the West Group's version
on the same day, but the two versions could be different because the West
Group recompiles its code more frequently than does the U.S. government. |
| ¶58 |
A third possibility is to use the date of the last amendment. While
this date is uniform across code versions, it may not give the reader any
sense of how recently the research was done. The writer may cite statutes
that were last amended in 1925, even though the code was checked in 1998. |
| ¶59 |
Ultimately, the currency of all statutory provisions is best defined
by a "legislative event." The Committee defines a legislative event as
the last activity of the legislature covered in the source consulted. Such
an event can indicate the end of a session, or the last enactment, if a
legislature is still in session. This date, found following the words "current
through" and present in virtually all versions of all codes, allows writers
to "timestamp" the exact text being used. Therefore, the Committee proposes
the use of the "current through" date to solve the problem. |
| ¶60 |
The Bluebook also requires citing, in abbreviated form, the
actual title and often the publisher of statutory codes.31
In place of this requirement, the Committee has provided a "code designation"
that is both simple and standardized yet keeps the essence of the official
name for each jurisdiction's code without reference to a publisher or format.
This code designation eliminates the need to refer to the publisher since,
at least theoretically, each version should be identical as of the same
"current through" date. Moreover, it is not necessary to specify whether
the writer is using an annotated code, so "Ann." has been omitted from
the standardized code designations. The only exception to this rule occurs
when a jurisdiction has two or more codes with different numbering schemes.
In that case, the writer must specify the version used. 32 |
| ¶61 |
The following rules satisfy the obligation
to present a concise citation to a timestamped statutory text. |
|
Rules
|
| ¶62 |
Rule 300 Basic Statutory Citation Form
Always cite statutes to a current statutory code (Rule 301) rather
than to a session law (Rule 303), except in the following cases:
|
300.1 Statutes not Codified
| 1) |
Cite uncodified public statutes to
the session laws. This includes both recent laws that have not yet been
codified and those that never will be codified. |
|
| Examples:
District of Columbia Financial Responsibility and Management Assistance
Act of 1995, US PL 104-8 (1995)
Act of Feb 22, 1996, AK Sess L ch 2
Marine Mammal Protection Amendments of 1998, US PL 105-360 (to be codified
at 16 USC 1371) |
|
| 2) |
Cite private statutes to the session
laws. |
|
| Example:
Railroad Right-of-Way Conveyance Validation Act, US Priv L 2 (1994)
|
|
300.2 Statutes no Longer in Force
Cite statutes no longer in force to the last code in which they appeared;
otherwise to the session laws. Note the fact of repeal or amendment parenthetically. |
| Example:
43 USC § 1847 (1981 through 96th Cong 2d Sess) (repealed by US
PL 97-212 § 6(a) (1982) ) |
|
300.3 Historical Fact
Cite the historical fact of enactment, amendment, or repeal to the session
laws. |
| Example:
In 1988 Congress expanded its rights under admiralty jurisdiction by
enacting the Abandoned Shipwreck Act of 1987, US PL 100-298. |
|
300.4 Scattered Statutes
Cite to the session laws if a statute appears in so many scattered sections
that a useful citation to the code is not possible. |
| Example:
Consolidated Omnibus Budget Reconciliation Act 1985, US PL 99-272 (1986) |
|
300.5 Materially Different Language33
If the language in the session laws differs materially from the language
in the code, and the code has not been enacted into positive law, cite
the session laws. |
|
| ¶63 |
Rule 301 Effective Date
If the effective date of a statute is relevant, indicate it parenthetically.
| Example:
Internal Revenue Service Restructuring and Reform Act of 1998, US PL
105-206 § 2000(a) (applies to returns required to be filed after 12/31/1999) |
|
| ¶64 |
Rule 302 Elements of a Statutory
Code Citation
A full statutory code citation includes the following elements, but
should not include reference to a specific published source:
| 1) |
name of the statute, if it will aid
the reader (Rule 304) |
| 2) |
standardized code designation (Rule 305) |
| 3) |
numbering of the code (Rule 306) |
| 4) |
"current through" date (Rule 307) |
| Examples:
Nonadmitted Insurance Act, CO Rev Stat §§ 10-5-101 to 119
(1996 through 2d Reg Sess 60th Gen Ass)
Uniform Trustees' Powers Law, MS Code §§ 91-9-101 to 119 (1998
through Reg Sess) |
|
| ¶65 |
Rule 303 Elements of a Session
Law Citation
A full session law citation includes the following elements:
| 1) |
name of the statute (Rule 304) |
| 2) |
standardized session law designation (Rule 308) |
| 3) |
legislative session, if necessary (Rule 309) |
| 4) |
year (Rule 310) |
| 5) |
number or unique identifier of the act (Rule 311) |
| 6) |
section, paragraph, or page number (in that order of preference) within
the act (Rule 312) |
| 7) |
codification status (Rule 313) |
The order in which these elements appear varies by jurisdiction. The
elements should be put in the order specified for each jurisdiction In
Appendices D and E.
| Examples:
North Carolina Antifreeze Law of 1975, NC Sess L ch 719
Act of Mar 4, 1996, OR Sess L ch 13 (adopting and ratifying Columbia
River Light Rail Transit Compact) |
|
| ¶66 |
Rule 304 Name of the Statute
|
304.1 Citing a Statute in its Codified Form
When citing a statutory code, include the statute's official name, popular
name, or both, if it will aid the reader.34
A comma should follow this information. |
| Examples:
Social Security Disability Amendments of 1980,
42 USC § 422 (1996 through 104th Cong 2d Sess)
Alabama Income Tax Conformity Act of 1997,
AL Code § 40-18-8 (through 1998 Reg Sess)
Local Government Risk Pool Act, NC Gen
Stat § 58-23-1 (1997 through Reg Sess)
AK Stat § 16.10.240 (through 1998 2d Spec Sess) |
|
304.2 Citing a Statute in its Session Law Form
When citing a session law, always include the statute's official name,
popular name, or both. A comma should follow this information. If the statute
has no name, use "Act of (date of enactment)." If the date of enactment
is unknown, use "Act effective (date of effectiveness)." If it will aid
in identification, add information parenthetically. |
| Examples:
Social Security Disability Amendments of 1980,
US PL 96-265 Title III § 303(a)
Alabama Income Tax Conformity Act of 1997,
AL Act 97-625 § 3
Local Government Risk Pool Act, 1985 NC
Sess L, ch 1027
Act of June 29, 1996, AK Sess L ch 120 § 2 (forbidding
the transport of live king crabs) |
|
| ¶67 |
Rule 305 Standardized Code Designation
When citing a code, use the standardized code designation provided in
Appendices D and E.
| Examples:
USC [not US Code or USCA or USCS]
MO Rev Stat [not Vernon's]
NY Banking L [not McKinney's or
CLS]
AK Stat
CA Educ Code
OH Rev Code |
|
| ¶68 |
Rule 306 Code Citation: Numbering
Indicate the code section being cited following the standardized format
provided in Appendices D and E.35
| Examples:
18 USC § 1331
AL Code § 1.3A-5-40
AK Stat § 43. 1.0.015
CA Bus & Prof Code § 471
IL Comp Stat 5/6-21
NC Gen Stat § 113-202 |
Include the statute's session law section number if the statute is commonly
cited that way or if
the information would aid the reader.
| Example:
Clayton Act § 4(a), 15 USC §
15(a) (1997 through 12/31 ) |
|
| ¶69 |
Rule 307 Code Citation: Date
The elements of the "current through" date include:
| 1) |
the year, and |
| 2) |
the term "through," and |
| 3) |
the most recent legislative event indicated by
the source consulted. |
Always list the year first, followed by the word "through." The word "through"
refers to the legislative event and not the enactment of the statute being
cited. A legislative event may be the end of a particular session,
| Examples:
1996 through Reg Sess
1996 through 1st Ext Sess [not 1996
through Reg Sess and 1st Ext Sess] |
the latest action during an ongoing session,
| Examples:
1996 through PL 103-65 |
or a date if other information is not available. Use the abbreviations
of legislative terms provided in Appendix C.36
| Examples:
1997 through 6/30 |
|
| ¶70 |
Rule 308 Standardized Session
Law Designation
When citing a session law, use the standardized session law designation
provided in Appendices D and E.
| Examples:
AR Acts 1969 no 303 § 7
IL PA 82-73 § 2 (1991)
MT L 1995 ch 13 §4 |
|
| ¶71 |
Rule 309 Session Law Citation:
Legislative Session
Include the legislative session in the citation if it is necessary to
uniquely identify the session law. Use the abbreviations for legislative
terms provided in Appendix C.
Example:
LA Acts 1994, 3d Ext Sess no 51 §
1 |
|
| ¶72 |
Rule 310 Session Law Citation:
Year
Include the year of enactment in the citation to a session law. If the
year appears in the session law designation, the number or unique identifier,
or the name of the act, do not include it again.
Examples:
US PL 105-158 (1998)
MI PA 1962 no 174 § 9992
IL PA 82-73 § 2 (1991)
AK Sess L 1996 ch 10 § 1 [not
AK Sess L 1996 ch 10 § 1(1996)]
AL L 96-193 [not AL L 96-193 (1996)] |
|
| ¶73 |
Rule 311 Session Law Citation:
Number or Unique Identifier of the Act
Include the act number, law number, bill number, or similar number of
the session law. For guidance use the examples in Appendices D and E.
| Examples:
VA Acts 1969 no 303 § 7
CA Stats 1996 ch 1029 § 1 |
|
| ¶74 |
Rule 312 Session Law Citation:
Section, Paragraph or Page Number
Include the section number of the session law if citing to a specific
portion of the session law. The § symbol is preferred but "s" may
be used in its place. A title or part designation may also be included
if it will aid in identification.
| Examples:
CO L 1996, HB 96-1181 § 4
KY L 1994, 1st Ext Sess ch 2 pt 11 § 38
MO L 1994, HB no 1095 § A |
|
| ¶75 |
Rule 313 Session Law Citation:
Codification Status
Include the code citations parenthetically if a session law has been
or will be codified and the citation information is available.
| Examples:
Victims Rights Clarification Act of 1997, US PL 105-5 (codified
at USC §§ 3510, 3593)
Comprehensive Health Insurance Pool Act, AR Acts 1997, no 292 (to
be codified at AR Code §§ 23-79-501 to 23-79-510) |
|
|
Reserved for Administrative Decisions
|
|
Administrative Regulations
|
| ¶76 |
The drafting of rules for universal
citation of administrative law presents difficulties separate and distinct
from those of judicial decisions or statutory law. Unlike cases or statutes,
administrative regulations have no uniform pattern of publication. Within
the fifty states, administrative regulations may be found (l) in both codes
and registers, (2) only in a code or only in a register, (3) in official
or unofficial publications or, (4) only in the office of the issuing agency.
Within any particular state, these practices are not mutually exclusive. |
| ¶77 |
The fluid state of administrative
publishing poses additional problems. While the Guide was in development,
new publishers entered the field, often creating regulation publications
with their own unique numbering schemes. At the same time, some states
took advantage of electronic media to distribute their regulations systematically
for the first time.37 |
| ¶78 |
Presented with this lack of uniformity
in a changing environment, the Committee was able to identify two specific
challenges in drafting rules for citing regulations that appear in administrative
codes. The first challenge was to design an unambiguous abbreviation for
the name of each code. The second challenge was the need to establish the
currency of the version of the code being cited. |
| ¶79 |
The Bluebook38
attempts to provide a uniformly applicable rule for state administrative
codes but gives minimal guidance. The single relevant rule is Rule 14,
which specifies that state material should be cited by analogy to federal
examples .39 This
rule is supplemented by table T.1 which lists sample citations for each
state administrative code. The Committee's review of state administrative
codes revealed that the majority of the abbreviations specified by The
Bluebook are not in common use. Local rules and custom have established
other abbreviations for many state administrative codes. |
| ¶80 |
These local rules may have functioned
well during a time when administrative codes were substantially available
to and used only by practitioners of a particular state. Attorneys in Alaska
knew that A.A.C. was the Alaska Administrative Code while attorneys in
Arizona knew that A.A.C. referred to the Arizona Administrative Code. However,
the rapid expansion of national access to state administrative codes through
commercial databases, CD-ROM's, and the World Wide Web now results in citation
formats that are neither known nor easily recognized by the increasing
number of users outside a state or local jurisdiction. |
| ¶81 |
Ideally the writer's obligation is
to present an accurate source citation without reference to a particular
publisher or medium. As with case law and statutory law, the Committee
recommends a vendor-neutral citation form for administrative law insofar
as this is possible in a particularly chaotic publishing environment. To
help achieve this goal, the Committee has created a standardized designation
for each administrative code.40
This designation employs
the two-letter postal abbreviation for each state and abbreviates other
words only to the point that they retain a reasonable degree of comprehension
to the average user. For those states in which more than one version of
a code exists and the numbering systems differ, reference needs to be made
to the particular publisher. |
| ¶82 |
The date element presents the second
significant challenge in establishing standards for administrative codes.
Like statutory codes, administrative codes are continuously changed and
updated. In addition to providing an identifiable reference to an administrative
code section, the writer must be able to affirm that the cited code section
incorporates amendments as of a particular date. The date element must
indicate to future readers the point in time through which that section
was current in the source consulted. The Bluebook Rule 14 suggests
that the federal model be applied to the various states. This is impractical
because state administrative codes are often not published or updated in
the same manner as the Code of Federal Regulations. Examination
of printed state administrative codes reveals a variety of publishing methods
and ways of indicating when a section was last updated.41
Electronic versions have introduced additional methods of indicating currency,
often using information not necessarily available to the reader of the
printed version.42 |
| ¶83 |
Ultimately the currency of an administrative
code section depends upon when a compiler last incorporated amendments
into the version being used. Many administrative codes indicate the date
through which regulations are current. Whenever possible, the writer should
indicate that the text of the code being used is "current through" the
stated date. Unfortunately, this date is not uniformly available for all
administrative codes and is not consistently available in all forms for
some codes. If the "current through" date is not available, the effective
date of the regulation should be used. The Committee has listed the various
options in order of priority. |
| ¶84 |
In turning its attention to the rules
for citing regulations in administrative registers, the Committee observed
that printed registers did not present a problem for writers wishing to
identify the date of publication. The date was fixed on the printed page.
Now that more registers are available in electronic format, they no longer
always present a fixed date of publication. A register may identify a "current
through" date.43
In addition, both print and electronic registers may provide an effective
date of the regulation. The Committee has therefore listed options for
providing the date of a regulation, with priority given to the date of
publication. |
| ¶85 |
The wide variation in names for state
registers presents a problem for the development of a citation that is
both standardized and comprehensible, similar to administrative codes.
The
Bluebook requirements and local customs often are at odds with each
other and neither provide a complete solution. Local custom often specifies
citations that are only comprehensible to those conversant with their use.
The Committee has provided a standardized designation for each administrative
register. The designation consists of the two-letter postal abbreviation
for each state and abbreviates other words only to the point that they
retain a reasonable degree of comprehension to the average user. |
| ¶86 |
A universal citation for an uncodified
regulation must indicate where within a register a particular regulation
may be found. Thus far these references have been dependent upon physical
documents and have been identified by volume, page, and/or release numbers.
In practice, this problem is not of critical concern because most citations
will be to those regulations found in the administrative code, rather than
to uncodified register versions. However, until states create an acceptable
medium-neutral format, the Committee is proposing interim rules that continue
to rely upon a physical document and permit a citation to a physical page. |
| ¶87 |
For regulations that are issued by
individual agencies on an ad hoc basis and that are not published in either
a register or an administrative code, the Committee recommends that the
citation include the name, if any, of the regulation; the agency issuing
the regulation (including the two-letter postal abbreviation for the state);
the regulation number; and the date the regulation was issued. |
| ¶88 |
The following rules satisfy the obligation
to present a citation to a timestamped administrative regulation that is
as concise as possible. |
|
Rules
|
| ¶89 |
Definitions
-
Administrative code: A compilation of current regulations in force for
a particular jurisdiction grouped by subject. Examples are the Code
of Federal Regulations and the South Dakota Administrative Rules.
-
Register: A publication issued periodically containing the regulations
issued by agencies within the executive branch of a particular jurisdiction.
Registers are generally published in chronological order, but may be arranged
by agency or other topic. Examples are the Federal Register and
the Utah Bulletin. Registers also contain other types of information
such as announcements, notices, and guidelines.
-
Regulation: Primary authority promulgated by an administrative agency in
its quasi-legislative role. It is used as the equivalent of a "rule." Registers
and administrative codes do not always contain all the regulations of a
particular jurisdiction.
|
| ¶90 |
Rule 500 Basic Administrative
Law Citation Form
Always cite regulations to an administrative code following the provisions
of Rule 501, except in these cases:44
| 1) |
proposed regulations, regulations
not yet codified, and regulations no longer in force (Rule 502) |
| 2) |
regulations not in a code or register (Rule
503) |
|
| ¶91 |
Rule 501 Elements of an Administrative
Code Citation
A full administrative code citation includes the following elements:
| 1) |
name of the regulation, if
it will aid the reader (Rule 504) |
| 2) |
standardized code designation (Rule 505) |
| 3) |
code section being cited (Rule 506) |
| 4) |
date (Rule 507) |
| Examples:
19 CFR § 128.1 (through 4/1/1997)
AZ Admin Code R10-2-115 (through 6/30/1997)
35 IL Admin Code § 307.4201 (through 5/1/1996) |
|
| ¶92 |
Rule 502 Elements of an Administrative
Register Citation
A full citation to an uncodified administrative regulation in a register
consists of the following elements:45
| 1) |
name of the regulation, if it will
aid the reader (Rule 504) |
| 2) |
standardized regulation or register designation
(Rule
508) |
| 3) |
regulation or register being cited (Rule 509) |
| 4) |
date (Rule 510) |
| 5) |
citation to the eventual codification, if known
(Rule
511) |
| Examples:
62 Fed Reg 65741 (12/16/1997)
24 FL Admin Weekly 1367 (3/20/1998)
28 NJ Reg 5181 (12/16/1996) |
|
| ¶93 |
Rule 503 Elements of an Administration
Regulation not in a Code or Register
When citing regulations that have not been published in a register,
administrative code, or other official state publication, include at least
the following identifying information:
| 1) |
name of the regulation, if it will
aid the reader (Rule 504) |
| 2) |
two letter postal code abbreviation for the state
(Rule
505) |
| 3) |
name of the agency issuing the regulation |
| 4) |
the number of the regulation (Rule 506) |
| 5) |
date the regulation was issued or became effective
(Rule
507) |
| Example:
AR Board of Corrections and Community Punishment § 3.1 (effective
4/29/1994) |
|
| ¶94 |
Rule 504 Name of the Regulation
When citing a regulation include the regulation's official name, popular
name, or both, if it will aid the reader. A comma should follow this information.
| Examples:
Special Education, 511 IN Admin Code 7-3-1
et
seq. (through 8/10/1994)
Federal Old Age, Survivors and Disability Insurance
Regulations, 20 CFR pt 404 (through 4/1/1996)
Illinois Bicycle Path Grant Program, 22
Il, Reg 4902 (3/13/1998)
Public Housing Management Assistance Program,
61 Fed Reg 68894 (12/30/1996) |
|
| ¶95 |
Rule 505 Standardized Code Designation
When citing a code, use the standardized code designation found in Appendices
D and E.46
| Examples:
MT Admin Code 6.6.507 (through 6/30/1996)
35 IL Admin Code § 817.101 (through
1/1/1996)
7 CFR § 1728.201 (through 1/1/1997)
ME Code of Rules 09 137 001-2 (through
2/1998) (Weil) |
|
| ¶96 |
Rule 506 Code Section Designation
Indicate the code section being cited in accordance with the standardized
format for that state set forth in Appendices D and E. Note that
in some states it is also necessary to include an agency name.47
| Examples:
AZ Admin Code R8-1-01 (through 4/30/1997)
18 NY Comp Rules and Regs §
515.6 (effective 10/14/1992)
34 CFR § 300.512
(through 7/1/1996)
20 CFR pt 404
(through 4/1/1997) |
|
| ¶97 |
Rule 507 Code Citation: Date
Indicate the date for the code section being cited. This information
should be enclosed in parentheses. Express the year as a four-digit number.
| 1) |
If possible list the date of the
most recent register or amendments incorporated into the administrative
code being used. The word "through" should precede the date. |
| Examples:
2 CA Code of Regs § 213.1 (through 9/13/1996)
26 SC Admin Code 103-621 (through 7/1/1997)
40 CFR § 30.10 (through 7/1/1997) |
| 2) |
If it is not possible to determine
the specific date of the most recent register or amendments incorporated
into the code, but the register or supplement number is available, use
that information. The word "through" should precede the date, register,
or supplement number. |
| Examples:
780 MA Code of Regs 1210.1 (through MA Reg no
819)
NV Admin Code 361.136 (through 1996-2 supp) |
| 3) |
If the date or number of the most
recent register incorporated into the code is not available, but the date
that the particular section or portion of the code was recodified or reprinted
is available, use that date. The word "through" should precede the date. |
| Examples:
RI Code of Rules 12 190 001 § 7 (through
10/1997) (Weil)
AZ Admin Code R10-2-115 (through 12/3/1994) |
| 4) |
If the only available date is the
date the particular code section as amended went into effect, use that
date. The word "effective" should precede the date. |
| Examples:
7 AK Admin Code § 026.5 (effective 5/22/1994)
965 MA Admin Code 7.00 (effective 5/5/1994) |
|
| ¶98 |
Rule 508 Standardized Register
Designation
When citing a register, use the standardized register designation found
in Appendices D and E.48
| Examples:
15 AL Admin Monthly 365 (10/30/1997)
20 MN State Reg 93 (1995)
62 Fed Reg 29653 (6/2/1997)
NH Govt Reg 20-94 (1/1998) (Weil) |
|
| ¶99 |
Rule 509 Register Citation: Standardized
Section or Numbering Designation
When citing a regulation published in a register, indicate the register
number in accordance with the standardized format for that jurisdiction
set forth in Appendices D and E.
| Examples:
CO Reg 19-156 (1/10/1995)
23 MO Reg 109
(1/16/1998)
63 Fed Reg 11376
(3/9/1998) |
|
| ¶100 |
Rule 510 Register Citation: Date
Indicate the date for the register being cited. This information should
be enclosed in parentheses.49
| 1) |
If at all possible give the date
the regulation or announcement was published, including as much of the
date as possible. |
| Examples:
ME Govt Reg 82-97 (11/1997)
23 TX Reg 1026 (2/6/1998)
62 Fed Reg 41311 (8/1/1997) |
| 2) |
If the date of publication is not
available give the "current through" date for the source being used. The
word "through" should precede the date. |
| Example:
NV Reg of Admin Regs R192-97 (through 2/28/1998) |
|
| ¶101 |
Rule 511 Register Citation: Eventual
Codification
If the eventual citation for the regulation in the codified version
of the jurisdiction's regulations is known, include that information in
parentheses. The phrase "to be codified at" should precede the citation.
| Examples:
22 IL Reg 1141 (1/9/1998) (to be codified at 8
IL Admin Code § 600)
22 MN Reg 1402 (2/17/1998) (to be codified at
MN Rules 7690.0500)
63 Fed Reg 9157 (2/24/1998) (to be codified at
46 CFR pt 201) |
|
|
Court Rules
|
| ¶102 |
Rules 600 through 605 set forth a
format for citing the rules of federal, state, and local courts. |
| ¶103 |
Court rules are hybrid in terms of
their institutional sources. They are statutory in format, but are not
usually the product of a legislature. Traditionally they are issued by
the court in which they will be applied, but in some states they are the
product of the legislature. In other jurisdictions, this process is mixed.
For example, the Federal the Rules of Procedure are issued by the court
subject to approval by Congress. Generally, court rules should be thought
of as a form of delegated legislation. |
| ¶104 |
Like constitutions, court rules have
traditionally been cited in a vendor- and medium-neutral format. This format
can be found in Rule 12.8.3, Rules of Evidence and Procedure, in the 16th
edition of The Bluebook. Although medium- and vendor-neutral, the
guidance provided by The Bluebook is limited to a few abbreviations
and a suggestion to use the abbreviations suggested by the rules themselves.
The following citation rules standardize the format for court rules across
jurisdictions and at all levels of courts. Note, however, that if the rules
in a given jurisdiction are part of the regular legislation for that jurisdiction,
the statutory citation format should be followed. |
| ¶105 |
In general, cite court rules to the
latest version available. Sometimes it is necessary to cite a date for
a court rule. This citation guide includes a form for providing a date
for the rule, if needed for precision or clarity. |
| |
Rules
|
| ¶106 |
Rule 600 Basic Court Rule Citation
Form
A full court rule citation includes the following elements:
| 1) |
abbreviation for the name of the
jurisdiction (Rule 601) |
| 2) |
name of the court, if the rule is limited to
a single court (Rule 602) |
| 3) |
standardized designation for the court rule (Rule
603) |
| 4) |
number of the court rule (Rule 604) |
| 5) |
date, if necessary or desirable (Rule 605) |
| Examples:
US Dist (ND-NY) R 23.1(a)
IN R Tr Proc 14(c)
CA Jud Admin Stand 1.4 (through 2/15/1999) |
|
| ¶107 |
Rule 601 Name of the Jurisdiction
Use Appendix A to find the abbreviation for the name of the jurisdiction.
Use “US” in referring to local rules of court for federal courts.
However, omit US before all the nationally applicable federal rules (Federal
Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate
Procedure, etc.).
| Examples:
IN R Tr Proc 14(c)
CA Jud Admin Stand 1.4 (through 2/15/1999)
US Dist (ND-NY) R 23.1(a)
BUT
Fed R Civ Proc 26(a)(1)(A) (through 1/4/1999) |
|
| ¶108 |
Rule 602 Name of the Court
If the rule is specific to a single court, the court must be named.
Use Appendix B to find the designation for the name of the court.
| Examples:
US App (8th) R 20 (amended through 12/15/1997)
MI 39th Judicial Circuit (Lenawee County)
R 8.110(B) (amended 2/1/1998) |
|
| ¶109 |
Rule 603 Standardized Designation
for the Court Rule
Court Rules are usually called “rules.” Use Appendix C to locate the
abbreviations for other commonly used designations in court rules. If appropriate
terms are not listed in the appendix, use abbreviations suggested in the
court rules themselves.
| Examples:
US App (8th) R
20 (amended through 12/15/1997)
MN Student Prac
R 1.03 |
|
| ¶110 |
Rule 604 Number of the Court Rule
Use Roman numerals, Arabic numerals, letters either capital or lowercase,
or a mix for the rules and their subdivisions exactly as provided by the
source. Do not convert from one to another.
| Example:
Fed R Civ Proc 12(a)(1)(A) |
|
| ¶111 |
Rule 605 Date of the Court Rule
If the date of the court rule is relevant, cite it parenthetically according
to the purpose of the citation of the date.
| 1) |
If currency is the purpose of the
citation, list the date from the source of the most recent version of the
court rule being cited. The elements of the date citation are the
term "through" and the date. |
| Example:
Fed R Civ Proc 9(a) (through 1/4/2000) |
If the version of the court rule being cited does not contain a current
date, cite to the effective date or adoption date of the court rule. If
the court rule has been revised or amended since the effective date, give
the date of revision or amendment.
| Examples:
MN Student Prac R 1.03 (adopted 5/24/1982)
HI Civ Proc R 65.1 (amended 4/15/1998) |
| 2) |
If the court rule is no longer in
force, cite the dates when the rule was effective. If this information
is not discernable, give any determinable date, for example, when it was
applied by a court. |
| Examples:
MI Ct R 3.410 (effective 1/1/1985 through 2/17/1991)
MI Ct R 3.410 (in effect on 12/1/1989) |
|
|
Law Reviews
|
| ¶112 |
Rules 700 through 707 cover basic
citation format for law reviews. |
| ¶113 |
Due to the complexities of differing
periodical formats, Rules 700 through 707 are intended to be applied only
to law reviews as defined in the traditional sense. The traditional definition
of a law review is that of a periodical publication containing lead articles
on topical subjects written by legal scholars and shorter articles written
by law review staff members. Rules 700 through 707 may be applied to law
reviews published by law schools, bar organizations, and commercial publishers
if they follow this model of organization. The universal citation format
for other periodicals (e.g., newspapers and newsletters) will be treated
in a separate section. |
|
Rules
|
| ¶114 |
Rule 700 Basic Citation Form
A full citation for an article in a law review includes:
| 1) |
author (Rule 701) |
| 2) |
article title (Rule 702) |
| 3) |
year(s) of publication (Rule703) |
| 4) |
law review name (Rule 704) |
| 5) |
article number (Rule 705) |
| 6) |
paragraph number - if a pinpoint citation is
needed to specific text (Rule 706) |
| Examples:
Nancy C. Staudt, Constitutional Politics and Balanced Budgets,
1998 U Ill L Rev 27 ¶ 15
Douglas Litowitz, Legal Writing: Its Nature, Limits, and Dangers,
1997/1998 Mercer L Rev 25
Brian Berlandi, It's Our Way or the Highway: Americans Ruling Cyberspace:
A Look Back at Bad Policy and a Look Ahead at New Policy, 1998
J Tech L & Pol'y 1 ¶ 44 |
|
| ¶115 |
Rule 701 Author
For signed materials appearing in law reviews, the authors' names should
conform to Rule 16.1 and related rules of The Bluebook. If
no author is listed, begin the citation with the article title.
| Examples:
I. Trotter Hardy, Contracts, Copyright
and Preemption in a Digital World, 1995 Rich J L & Tech 2
Mark A. Lemley & Eugene Volokh, Freedom
of Speech and Injunctions in Intellectual Property Cases, 1998/1999
Duke L J 4 ¶ 22
Jeffery Evans Stake et al., Roundtable:
Opportunities for and Limitations of Private Ordering in Family Law,
1997/1998 Ind L J 16 ¶ 16 |
|
| ¶116 |
Rule 702 Article Title
The article title should conform to Rule 2.1(c), Rule 8 and related
rules of The Bluebook.
| Examples:
Edward A. Zelinsky, Are Tax "Benefits" Constitutionally
Equivalent to Direct Expenditures? 1998/1999 Harv L Rev 28 ¶
12
Ralph C. Brashier, Children and Inheritance
in the Nontraditional Family, 1996 Utah L Rev 3 |
|
| ¶117 |
Rule 703 Year(s) of Publication
The year in which the law review was published should be indicated after
the article title. Law reviews that have publication schedules based on
a year other than a calendar year (e.g., an academic year) may be cited
using both calendar years with a “/” between them. Express the years as
four-digit numbers, e.g., 1995 not 95.
| Examples:
Tom Baker, Reconsidering Insurance for Punitive Damages, 1998
Wis
L Rev 4
Steven L. Willborn, Public Pensions and the Uniform Management of
Public Employee Retirement Systems Acts, 1998/1999
Rutgers L Rev 3 ¶ 12 |
|
| ¶118 |
Rule 704 Law Review Name
The name of the law review should conform to Rule 16 and related rules
of The Bluebook. Do not use periods after abbreviations.
| Examples:
Joseph D. Kearney & Thomas W. Merrill, The Great Transformation
of Regulated Industry Law, 1998 Colum L Rev
23
Matthew Potter, Is Alternative Dispute Resolution a Possibility in
the Riverboat Gambling Quagmire? 1998 J Disp
Resol 13 |
|
| ¶119 |
Rule 705 Article Number
Law review publishers implementing the universal citation will assign
a unique number to each article published during a year. Include
this article number after the law review name.
| Examples:
Stephen R. McAllister, “Neighbors Beware”: The Constitutionality
of State Sex Offender Registration and Community Notification Laws,
1998 Tex Tech L Rev 3
Craig A. Paterson, Does Corporate Law Matter? Legal Capital Restrictions
on Stock Distributions, 1997/1998 Akron L Rev 5 |
|
| ¶120 |
Rule 706 Pinpoint Citation by Paragraph
Numbers
Each paragraph within an article will be assigned a number. After the
article number, a researcher may cite to particular text by use of a ¶
followed by the appropriate paragraph number. When citing to material that
spans more than one consecutive paragraph, give the inclusive paragraph
numbers, separated by a hyphen. When citing to material in nonconsecutive
paragraphs, give the individual paragraph numbers, separated by commas.
| Examples:
Wendy E. Wagner, Choosing Ignorance in the Manufacture of Toxic Products,
1996/1997 Cornell L Rev 19 ¶ 25
Claire A. Hill, How Investors React to Political Risk, 1998 Duke
J Comp & Int'l L 12 ¶ 141-143
Thomas J. Stipanowich, Reconstructing Construction Law: Reality in
a Transactional System, 1998 Wis L Rev 14 ¶
33, 37 |
When pinpoint citing to a footnote or endnote, indicate the paragraph
number in which the note appears, followed by “n” and the note number,
with no space between “n” and the number. When citing to multiple footnotes
or endnotes, use “nn” When citing to material that spans more than one
consecutive note, give the inclusive note numbers, separated by a hyphen.
When citing to material in nonconsecutive notes, give the individual note
numbers, separated by commas.
| Examples:
H. Lowell Brown, Successor Corporate Criminal Liability: The Emerging
Federal Common Law, 1996/1997 Ark L R 16 ¶
5 n4
James A.D. White, Misuse or Fair Use: That Is the Software Copyright
Question, 1997 Berkeley Tech L J 6 ¶ 8 nn3-4
Timothy L. Fort, Goldilocks and Business Ethics: A Paradigm That
Fits “Just Right”, 1997/1998 J Corp L 9 ¶
48 nn 87, 90 |
When citing to graphical material, such as tables, figures, charts,
or graphs, provide the paragraph number wherein the material is referenced
in the text and designation of the material provided by the source.
| Examples:
John P. Kelsh, Opinion Delivery Practice of the United States Supreme
Court 1790-1945, 1999 Wash U L Q 3 ¶ 99
chrtA
Ira S. Nathenson, Showdown at the Domain Name Corral: Property Rights
and Personal Jurisdiction Over Squatters, Poachers, and Other Parasites,
1996/1997 U Pitt L Rev 20 ¶ 28 tbl 3 |
|
| ¶121 |
Rule 707 Parenthetical Information
|
Rule 707.1 Student Written Law Review Materials
Student written articles are cited in the same manner as any other articles
in a law review, except that a parenthetical designation should appear
following the article number and pinpoint citation information to indicate
that it is a student written article. Rule 16.5.1(a) of The Bluebook
should be followed to make the determination as to whether a particular
piece is a student work and the designation to be assigned. |
| Examples:
Thomas E. Castleton, A Matter of Expectations: Interpreting the Statutory
Preemption of Local Assistance to Federal Firearms Regulators, 1998
Alaska L Rev 10 (Note)
David L. Delicath, Estate Planning Ramifications of the Taxpayer
Relief Act of 1997: Nobody Said Anything About Simplification, 1998
Land & Water L Rev 22 (Comment)
Nebraska Supreme Court Changes Will Drafting by not Allowing Disinheritance
of Adult Children in In Re Estate of Peterson, 1998/1999 Creighton
L Rev 32 (Casenote) |
|
Rule 707.2 Book Reviews
Book reviews should be cited in the same manner as any other article
in a law review. A parenthetical indicting that it is a book review should
be placed immediately following the article number and pinpoint citation.
If it is a student written book review, the designation “book note” should
be used. If information regarding the work under review is not provided
in the title, the parenthetical statement should also indicate the author,
title, and publication date of the book(s) being reviewed. |
| Examples:
Myron C. Grauer, Studying Estates and Trusts as an Alternative to
Watching Soap Operas, 1996 Capital U L Rev 25 (reviewing
Roger W. Anderson, Understanding Estates and Trusts (1994))
Rhonda Burnette-Bletsch, Feminism and Higher Education: Teaching
Women, Women Teaching, 1997 Duke J of Gender L & Pol'y 11 (reviewing
Frances A. Maher and Mary Kay Thompson Tetreault, The Feminist Classroom:
An Inside Look at How Professors and Students Are Transforming Higher Education
for a Diverse Society (1994), Jean Fox O'Barr, Feminism in Action:
Building Institutions and Community Through Women's Studies (1994),
and Gail B. Griffin, Calling: Essays on Teaching in the Mother Tongue
(1992))
Akiko Kawamura, 1999 J Law & Fam Stud 7 (book
note reviewing Peggy C. Davis, Neglected Stories: The Constitution and
Family Values (1997))
Norman F. Cantor's Imagining the Law: Common Law and the Foundation
of the American Legal System (1997), 1998 L & Soc Inquiry 24 (book
note) |
|
Rule 707.3 Symposia, Colloquia, and Surveys
Symposia, colloquia, and surveys are cited in the same manner as other
law review articles. If citing a symposium, colloquy or survey as a unit,
do not give any author and provide the number span for all articles included,
separated by a hyphen. If the term symposium, colloquy, or survey is not
included as part of the title, indicate the designation of the material
as such in a parenthetical following the article numbers. |
| Examples:
A Fork in the Road Build More Prisons or Develop New Strategies to
Deal with Offenders, 1999 S Ill U L J 11-25
(symposium)
Choice of Law Symposium, 1996/1997 Mercer L Rev 18-29
Punitive Awards Can Be So Excessive as to Violate Due Process Clause
of the Fourteenth Amendment, Survey of 1996-97
Developments in Alabama Case Law, 1997/1998 Ala L Rev 26
Legal Education Then and Now: Changing Patterns in Legal Training
and in the Relationship of Law Schools to the
World Around Them, 1997/1998 Am U L Rev 15 (colloquy) |
|
Cite an individual article within a symposium, colloquium,
or survey, in the same manner as any other article. Include an indication
that the article is part of a symposium, colloquium, or survey in a parenthetical
following the article number. |
| Examples:
David Luban, Reason and Passion in Legal Ethics, 1999 Stan L Rev
23 (article within Review Essay Symposium based
upon William H. Simon, The Practice of Justice: A Theory of Lawyers'
Ethics (1998))
Punitive Awards Can Be So Excessive as to Violate Due Process
Clause of the Fourteenth Amendment, 1997/1998 Ala
L Rev 26 (article within Survey of 1996-97 Developments in Alabama
Case Law) |
|
Rule 707.4 Multipart Articles
To cite to an entire article that appears in more than one part, identify
the part numbers in a parenthetical after the article's main title, the
year(s) of publication, law review name, and article number. If the parts
appear in different years of publication, provide the year(s) of publication,
law review name, and article number for each year. A parenthetical indicating
which part appears in that year should follow each reference. When citing
only some parts of a multipart article, indicate which part or parts are
being cited, and give only the year(s) and article number(s) of the part(s)
being cited. |
| Examples:
Symposium on the Law of Freedom, 1994/1995 Chi-Kent L Rev
20-28, 30-42 (pts 1 & 2)
Ancient Law, Economics & Society, 1994/1995 Chi-Kent
L Rev 39-54 (symposium pt 1), 1995/1996 Chi-Kent L Rev 1-11 (symposium
pt 2)
Sheldon I. Banoff, Use of Corporate Partner Stock and Options
to Compensate Service Partners, 1998 J Tax'n 113 (pt 1) |
|
Rule 707.5 Uniform Resource Locator or Other Unique
Database Identifier
When a Uniform Resource Locator (URL) or other unique database identifier
is available and would help the reader, this information may be placed
in a parenthetical following the article number and pinpoint citation information
and any other parenthetical information. Include the date on which the
online information was visite | |
