Citation Rules Adopted by American Jurisdictions

  • North Dakota Supreme Court

    North Dakota Supreme Court

    NDROC
    Effective March 5, 1997

    RULE 11.6 MEDIUM-NEUTRAL CASE CITATIONS

    (a) Citations Before January 1, 1997. The initial citation of any published opinion of the Supreme Court released before January 1, 1997, contained in a brief, memorandum, or other document filed with any trial or appellate court and a citation in the table of cases in a brief must include a reference to the volume and page number of the North Western Reporter in which the opinion is published. Subsequent citations within a brief, memorandum, or other document must include the page number and sufficient reference to identify the initial citation.

    (b) Citations After January 1, 1997. When available, initial citations must include the volume and initial page number of the North Western Reporter in which the opinion is published. The initial citation of any published opinion of the Supreme Court released on or after January 1, 1997, contained in a brief, memorandum, or other document filed with any trial or appellate court and the citation in the table of cases in a brief must also include a reference to the calendar year in which the decision was filed, followed by the court designation of “ND”, followed by a sequential number assigned by the Clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, memorandum or other document must include the paragraph number and sufficient references to identify the initial citation.

    EXPLANATORY NOTE

    Rule 11.6 was adopted, effective March 5, 1997, subject to comment, to implement the use of medium-neutral case citations in North Dakota.

    For Illustrative Purposes.

    Cite to a North Dakota Supreme Court Opinion published prior to January 1, 1997 as follows:

    Smith v. Jones, 500 NW2d 600, 601 (ND 1994).

    Smith, 500 NW2d at 601.

    Black v. Black, 90 ND 100, 101, 400 NW2d 500, 501 (1976); or Black v. Black, 400 NW2d 500, 501 (1976).

    Black, 90 ND at 101, 400 NW2d at 501; or Black, 400 NW2d at 501.

    If the immediately preceding authority is a pre-January 1, 1997 opinion, cite to the page number of the reporter.

    Id. at 601;

    Id., 400 NW2d at 601.

    Cite to a North Dakota Supreme Court Opinion published after January 1, 1997, as follows:

    Before publication in North Western Reporter:

    Smith v. Jones, 1997 ND 15.

    After publication in North Western Reporter:

    Smith v. Jones, 1997 ND 15, 600 NW2d 900.

    Spot cite to a North Dakota Supreme Court Opinion published after January 1, 1997, as follows:

    Before publication in North Western Reporter:

    Smith v. Jones, 1996 ND 15, ¶21;

    Smith, 1996 ND 15, ¶¶21-25.

    After publication in North Western Reporter:

    Smith v. Jones, 1996 ND 15, ¶21, 600 NW2d 900;

    Smith, 1996 ND 15, ¶¶21-25, 600 NW2d 900.

    If the immediately preceding authority is a post-January 1, 1997 opinion, cite to the paragraph number:

    Id. at ¶15.

    The use of the ¶ symbol in spot citations is necessary to distinguish paragraph numbers from page numbers.

  • OSCN Oklahoma Supreme Court Rules (Part I)

    PART I. RULES OF GENERAL APPLICATION

    RULE 1.11 FORM AND CONTENT OF BRIEFS

    (a) Type and Margins.

    All briefs shall be presented on paper measuring eight and one-half inches in width by eleven inches in length. All briefs shall be printed or typed in clear type not less than 12-point, with single spaced lines of quoted matter and double spaced lines of unquoted matter. The margins of the printed page shall be 1¼ inches on the left side and one (1) inch on the other three sides. The pagination shall appear at the bottom of the page.

    (b) Size.

    A brief-in-chief, answer brief, or reply brief which is not combined with another brief shall not exceed thirty (30) pages. Where these rules require the filing of a combined brief by a party to a counter or cross-appeal, the combined brief shall not exceed forty (40) pages. Page limitations herein exclude only the cover, index, appendix, signature line and accompanying information identifying attorneys and parties, and the certificate of service.

    No brief which exceeds the page limitations of this rule shall be accepted for filing by the Clerk. An application to file a brief exceeding the page limitations prescribed herein may be made at least ten (10) days before a brief is due to be filed. Such an application should not be filed as a matter of course and will not be granted absent a showing of good cause justifying departure from the limitations of this rule.

    The size of briefs in original jurisdiction proceedings is governed by Rule 1.191.

    (c) Cover.

    (1) All Briefs. All covers of briefs shall be typed on cover stock of at least 96# weight. Briefs shall be securely bound and fastened along the left side with spiral or plastic finger-spine binding and shall be bound so as to be flat upon opening.

    (2) Appeals. Covers of briefs in appeals shall contain the docket number in this Court, the style of the case, the county and Court or forum from which the appeal is taken, and the name of the trial judge, the name and address of the attorneys appearing for the party filing the brief, and the nature of the action,–ejectment, foreclosure, mandamus, as the case may be.

    (3) Original Jurisdiction Proceedings. Covers of briefs in original jurisdiction proceedings shall comply with Rule 1.11(c)(1) and shall contain the docket number in this Court, the title of the case, the county and Court, forum, official or party, to which a writ is sought, the name and address of the attorney, or attorneys, appearing for the party filing the brief, and the nature of the action,–mandamus, quo warranto, habeas corpus, prohibition, as the case may be.

    (d) Index.

    A subject index shall be attached to the front of every brief. The index shall contain a concise statement or classification of the questions discussed; and each question or principle of law for which contention is made shall be numbered separately and clearly stated, and the cases, alphabetically arranged, text books and statutes with reference to the pages in the brief where they are cited must be set forth under each proposition respectively. The page or pages of the brief on which each separate classification is discussed must be indicated.

    (e) Summary of the Record.

    (1) Appellate Briefs. The brief of the moving party shall contain a Summary of the Record, setting forth the material parts of the pleadings, proceedings, facts and documents upon which the party relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this Court for decision. Facts stated in the Summary of the Record must be supported by citation to the record where such facts occur. If the answering party shall contend that such Summary of the Record is incorrect or incomplete, that party’s brief shall contain a Summary of the Record correcting any such inaccuracies with citation to the record.

    Where a party complains of the admission or rejection of testimony, that party shall set out the testimony to the admission or rejection of which the party complains, stating specifically the objections thereto. Where a party complains of an instruction given or refused, the party shall set out in totidem verbis the instruction or the portion thereof objected to together with the objection thereto.

    When it is necessary to set out instructions or requested instructions in totidem verbis as provided by this Rule, or if it is necessary to set out admitted or rejected testimony, the party may set forth such material in either the Summary of the Record in the brief or in an appendix to the brief as described in Rule 1.11(i). A party need not include in the Summary of the Record all of the evidence in support of a claim that the record does not show or tend to show a certain fact, but when such a question is presented, the adverse party shall include in that party’s brief or appendix so much of the evidence claimed to have had that effect.

    The Summary of the Record need include only a general statement of the substance of those parts of the record over which there is no controversy and which are not required to be shown in detail in order to present the issues to this Court, and such parts of the record as are purely formal and immaterial to the consideration of any issue presented to this Court may be omitted therefrom.

    (2) Original Jurisdiction Proceedings. The brief in support of the petition shall contain a Summary of the Record, setting forth the material facts. If a response is ordered and the answering party shall contend that such Summary of the Record is incorrect or incomplete, that party’s response shall contain a Summary of the Record correcting any such inaccuracies.

    (f) Separate Propositions.

    The main contentions of the parties must be set forth in separate propositions. The argument and authorities in support of each proposition must follow the statement of the proposition. Briefs in every proceeding, whether appellate or original jurisdiction, shall comply with Rule 1.11(f).

    (g) Signature of Counsel.

    The brief must be signed by the counsel of record. The name, Oklahoma Bar Association number, address, and telephone number of the counsel of record shall also be shown. Briefs in every proceeding, whether appellate or original jurisdiction, shall comply with Rule 1.11(g).

    (h) Certificate of Service.

    The brief must contain a Certificate of Service showing service of a copy of the brief upon other parties or their counsel. Briefs in every proceeding, whether appellate or original jurisdiction, shall comply with Rule 1.11(h).

    (i) Appendix to Brief.

    (1) Appeals. An Appendix to a brief shall not be filed except as permitted by this Rule. An Appendix to a brief may be filed as an attachment to the brief or as a separate document. An Appendix to a brief on appeal may include only: (1) a copy of the decision from which the appeal is taken; (2) copies of authorities not contained in the National Reporter System; (3) copies of statutes or rules not promulgated in Oklahoma; (4) attachments provided by Rule 1.11(e)(1) relating to complaints about admission or exclusion or insufficiency of evidence; and (5) attachments provided by Rule 1.11(e)(1) relating to complaints about jury instructions.

    (2) Original Jurisdiction Proceedings. No exhibits or appendix are attached to briefs in an original jurisdiction action. An appendix in an original jurisdiction proceeding is governed by Rule 1.191.

    (j) Citations to Record.

    (1) Appeals. Citations to a document in the record other than a transcript shall include the name of the document and the pages within the document to which reference is made (e.g., Petition at 17); and may include a description of the document. Citations to a trial transcript shall include the page number; (e.g., Tr.Vol.II at 3-4). Citations to a transcript other than a trial transcript shall refer also to the date and type of transcript. Quotations from the record must be accurate and in context, and reference the pages in the record where they appear.

    (2) Original Jurisdiction Proceedings. Citations to a document shall be to the nature of the document and the page at which it appears in the Appendix; (e.g., Order of (date), App. at page (no.), or Affidavit of (person), App. at page (no.)).

    (k) Authority.

    (1) Appeals. Issues raised in the Petition in Error but omitted from the brief may be deemed waived. Argument without supporting authority will not be considered.

    (2) Original Jurisdiction Proceedings. Issues raised in the Application to Assume Original Jurisdiction and Petition for Writ, but omitted from the brief, may be deemed waived. Argument without supporting authority will not be considered.

    (3) Supplemental Briefs. The Supreme Court or the Court of Civil Appeals may request additional authorities or briefs from either or both parties within a time fixed by the court’s order. The additional authorities and briefs shall be filed with the Clerk of the Supreme Court and served upon counsel for all parties to the proceedings.

    (l) Citation to Authority.

    The citation to opinions of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals shall be in accordance with Rule 1.200(c), (d) and (e). The citation of other authorities shall be to the volume and page of the National Reporter System, if applicable, or to some selected case system, if practical. Where a decision cited in the brief is not included in the National Reporter System a copy may be included in an appendix to the brief. See Rules 1.11(i)(1) and 1.191(d). Citations to decisions of the United States Supreme Court shall be to the official reporter, the United States Reports, and may also include parallel citations to other reporters, or to some selected case system, if practical.

  • OSCN Oklahoma Supreme Court Rules (Part VII)

    PART VII. MANNER AND FORM OF OPINIONS IN THE APPELLATE COURTS

    RULE 1.200 OPINIONS OF THE SUPREME COURT AND THE COURT OF CIVIL APPEALS

    (a) Memorandum Opinions.

    An opinion shall be prepared in memorandum form unless it:

    (1) Establishes a new rule of law or alters or modifies an existing rule;

    (2) Involves a legal issue of continuing public interest;

    (3) Criticizes or explains existing law;

    (4) Applies an established rule of law to a factual situation significantly different from that in published opinions of the courts of this state;

    (5) Resolves an apparent conflict of authority; or

    (6) Constitutes a significant and non-duplicative contribution to legal literature:

    (a) by an historical review of law; or

    (b) by describing legislative history.

    (b) Publication of Memorandum Opinions and Unpublished Opinions.

    (1) Opinions shall be published in the official reports and on the Oklahoma Supreme Court World Wide Web site only when they satisfy the standards set out in this rule. Disposition by memorandum, without a formal published opinion, does not mean that the case is considered unimportant. It does mean that no new points of law making the decision of value as precedent are believed to be involved. A memorandum opinion shall not be published unless it is ordered to be published by the Supreme Court.

    (2) A party or other interested person who believes that an opinion of either the Supreme Court or Court of Civil Appeals which has not been designated by the Court for publication has substantial precedential value may file a motion in the Supreme Court asking that it be published. The motion shall state the grounds for such belief, shall be accompanied by a copy of the opinion, and shall comply with Rule 1.6.

    (3) Regardless of the foregoing, no opinion superseded by an opinion on rehearing shall be published in the official reports. An opinion that is modified on rehearing shall be published as modified if it otherwise meets the standards of this rule.

    (4) An opinion shall be published only if the majority of the justices or judges participating in the decision find that one of the standards set out in this rule is satisfied. Concurring and dissenting opinions shall be published only if the majority opinion is published.

    (5) All memorandum opinions, unless otherwise required to be published, shall be marked: “Not for Official Publication.” Because unpublished opinions are deemed to be without value as precedent and are not uniformly available to all parties, opinions so marked shall not be considered as precedent by any court or cited in any brief or other material presented to any court, except to support a claim of res judicata, collateral estoppel, or law of the case. Opinions marked Not For Official Publication shall not be published in the unofficial reporter, nor on the Supreme Court World Wide Web site, nor in the official reporter.

    (6) An opinion designated For Publication in O.B.J. Only shall be published in the unofficial reporter and on the Supreme Court World Wide Web site. Such an opinion shall not be published in the official reporter. An opinion designated For Publication in O.B.J. Only shall not be considered as precedent.

    (7) Disposition of cases by the Oklahoma Supreme Court in which there is no published opinion will be reported in the Oklahoma Bar Journal by brief reference to the case and the decision reached therein on appeal. The opinion in the matter shall not be published in the Oklahoma Bar Journal, or the official reporter, or on the Supreme Court World Wide Web site. The decision and reference may be published on the Oklahoma Supreme Court Web site as a Disposition of Cases Other Than by Published Opinion. The decision and reference shall not be in paragraph citation form and shall not be considered as precedential.

    (8) Disposition of cases by the Oklahoma Court of Civil Appeals in which there is no published opinion will be reported in the Oklahoma Bar Journal by brief reference to the case and the decision reached therein on appeal. The decision and reference shall not be in paragraph citation form and shall not be considered as precedential. The Chief Justice of the Oklahoma Supreme Court may designate a procedure for publishing such dispositions on the Supreme Court World Wide Web site.

    (c) Effect of Publication of Formal Opinion.

    (1) Opinions of the Supreme Court designated For Official Publication when adopted will be published in the unofficial reporter, (Oklahoma Bar Journal), on the Oklahoma Supreme Court World Wide Web site, and published after mandate in the official reporter (Pacific Reporter 2d). Such opinions may not be cited as authority in a subsequent appellate opinion nor may they be used as authority by a trial court until the mandate in the matter has been issued.

    (2) Opinions of the Court of Civil Appeals which resolve novel or unusual issues may be designated for publication, at the time the opinion is adopted, by affirmative vote of at least two members of the division responsible for the opinion. Such opinions shall remain unpublished until after mandate issues, after which time they shall be published in the unofficial reporter, (Oklahoma Bar Journal), the Oklahoma Supreme Court World Wide Web site, and in the official reporter (Pacific Reporter 2nd). Such opinions shall bear the notation “Released for publication by order of the Court of Civil Appeals”, and shall be considered to have persuasive effect. Any such opinion, however, bearing the notation “Approved for publication by the Supreme Court” has been so designated by the Supreme Court pursuant to 20 O.S. 1991 § 30.5, and shall be accorded precedential value. The Supreme Court retains the power to order opinions of the Court of Civil Appeals withdrawn from publication.

    (d) Supreme Court World Wide Web Site.

    Opinions of the Supreme Court designated for official publication shall be published on the Court’s World Wide Web site. They shall be published on the web site when filed with the Clerk of the Supreme Court.

    Supreme Court opinions shall contain the following notice: “NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.” Such opinions may not be cited as authority in a subsequent appellate opinion nor may they be used as authority by a trial court until the mandate in the matter has been issued. The date of the effectiveness of opinions in original proceedings is governed by Okla. Sup. Ct. R. 1.193. When opinions published on the web site are modified or withdrawn the text of the opinion shall be deleted and any subsequent opinion in the matter shall be published on the web site if it meets the requirements of Rule 1.200.

    Opinions of the Oklahoma Court of Civil Appeals designated for official publication by either the Supreme Court or the Court of Civil Appeals shall be published on the Supreme Court web site. An opinion of the Court of Civil Appeals shall not be published on the web site until mandate has issued in the matter. An opinion of the Court of Civil Appeals published on the web site is governed by Rule 1.200(c)(2) and is accorded precedential value only if it bears the notation “Approved for publication by the Supreme Court”.

    The Oklahoma Supreme Court may publish on the web site Dispositions by Supreme Court of Petitions for Certiorari. These dispositions shall not be published in the official reporter, and they shall not have a paragraph citation form. A disposition of the Oklahoma Supreme Court that denies a petition for certiorari to the Oklahoma Court of Civil Appeals has no precedential effect. The Supreme Court may also publish lists on mandates issued and any other matter deemed appropriate by the Court.

    (e) Citation to Designation by Supreme Court and Reporters.

    Published opinions of the Oklahoma Supreme Court promulgated after May 1, 1997 shall bear as an official cite the Oklahoma Supreme Court’s paragraph citation form in accordance with this Rule. Opinions of the Oklahoma Court of Civil Appeals that are published after May 1, 1997 shall bear as an official citation form the Oklahoma Supreme Court’s paragraph citation form in accordance with this Rule. The numbers of the paragraphs are assigned by the Court. The parallel cite to the official reporter is also required.

    The court designation for the Oklahoma Supreme Court is OK when the paragraph citation form is used. The Court designation for the Oklahoma Court of Civil Appeals is “OK CIV APP” for the purposes the Supreme Court paragraph citation form. The court designation for Court of Appeals of Indian Territory is IT when the paragraph citation form is used to cite opinions of that court.

    Prior to January 1, 1998 citation to opinions of the Oklahoma Supreme Court and Court of Civil Appeals shall include citations to Pacific and Pacific 2d Reporters. Citation to the Supreme Court’s paragraph citation is allowed as a parallel cite, but not required. Effective January 1, 1998, citation to opinions of the Oklahoma Supreme Court shall be as follows:

    1. Oklahoma Supreme Court Opinions Promulgated Prior To May 1, 1997.

    Opinions promulgated (filed) prior to May 1, 1997 shall be cited by reference to the Pacific and Pacific 2nd Reporters. Parallel citation to the Supreme Court’s official paragraph citation form is strongly encouraged for opinions promulgated prior to May 1, 1997. Parallel citation to Oklahoma Reports is allowed. However, parallel citation to Oklahoma Reports shall not be made when the Supreme Court’s official paragraph citation form is used.

    Examples of permissible citation form for opinions prior to May 1, 1997:

    Skinner v. Braum’s Ice Cream Store, 1995 OK 11, 890 P.2d 922.

    Skinner v. Braum’s Ice Cream Store, 199S OK 11, ¶9, 890 P.2d 922.

    Skinner v. Braum’s Ice Cream Store, 1995 OK 11, 890 P.2d 922, 925. Skinner v. Braum’s Ice Cream Store, 890 P.2d 922 (Okla. 1995)

    Skinner v. Braum’s Ice Cream Store, 890 P.2d 922, 925 (Okla. 1995).

    Skinner v. Braum’s Ice Cream Store, 890 P.2d 922 (Okl. 1995).

    Skinner v. Braum’s Ice Cream Store, 890 P.2d 922, 925 (Okl. 1995).

    Skinner v. Braum’s Ice Cream Store, Old., 890 P.2d 922 (1995).

    Skinner v. Braum’s Ice Cream Store, Old., 890 P.2d 922, 925 (1995).

    In “Skinner v. Braum’s Ice Cream Store, 1995 OK 11, ¶9, 890 P.2d 922″ “1995” refers to the year the opinion was promulgated, “OK” is the court designation for the Oklahoma Supreme Court, “11” is the number of the opinion in 1995 assigned to that opinion by the Oklahoma Supreme Court, “¶9” is paragraph number 9 of the opinion as designated by the Supreme Court, and “890 P.2d 922” is the parallel citation to Pacific 2d Reporter.

    2. Oklahoma Supreme Court Opinions Promulgated After May 1, 1997.

    Opinions promulgated (filed) after May 1, 1997 shall be cited by reference to the Supreme Court’s official paragraph citation form. Parallel citation to Pacific 2nd and subsequent Pacific Reporters is required. The parallel cite to Pacific 2d Reporter may include a cite to the specific page of that Reporter if a specific paragraph is cited. When the Supreme Court paragraph citation form is used citation to a footnote need not include the paragraph number where the note occurs in the opinion.

    Examples of citation form for post-May 1, 1997 opinions using a pre-May 1, 1997 opinion:

    Skinner v. Braum’s Ice Cream Store, 1995 OK 11, 890 P.2d 922.

    Skinner v. Braum’s Ice Cream Store, 1995 OK 11, ¶9, 890 P.2d 922.

    Skinner v. Braum’s Ice Cream Store, 1995 OK 11, 9, 890 P.2d 922, 925.

    Skinner v. Braum’s Ice Cream Store, 1995 OK 11, n. 10, 890 P.2d 922.

    An opinion cited subsequent to issuance of the mandate therein but prior to official publication shall be cited using the following as an example: Wilkinson v. Dean Witter Reynolds, Inc., 1997 OK 20, P.2d, (mandate issued April 3, 1997).

    In a matter where no mandate issues an opinion may be cited prior to official publication when the time to file a petition for rehearing has lapsed and no petition for rehearing was filed. The following is an example: Edwards v. Basel Pharmaceuticals, 1997 OK 22, P.2d, (petition for rehearing not filed).

    3. Opinions of the Oklahoma Court of Civil Appeals.

    Published opinions of the Oklahoma Court of Civil Appeals promulgated after May 1, 1997 shall be cited by reference to the Supreme Court’s official paragraph citation form. Parallel citation to Pacific 2nd Reporters is required. Published opinions prior to May 1, 1997 shall be cited using the Pacific Reporter 2d, and parallel citation to the paragraph citation form is strongly encouraged. Opinions of the Court of Civil Appeals, no matter when published, are subject to the other provisions of Rule 1.200.

    4. Citation to Opinions Supported by Less Than a Majority.

    The paragraph citation form is also used to designate material in a published opinion where that opinion is supported by less than a majority of the members of the Supreme Court. When material from such an opinion is cited the name of the author, names of any Justices joining the opinion, and the type of opinion must be designated in the cite. For example, to cite paragraph number nine of the dissenting opinion in Edwards v. Basel Pharmaceuticals, 1997 OK 22, P.2d. The correct citation form is: Edwards v. Basel Pharmaceuticals, 1997 OK 22, ¶9, P.2d, (Opala, J., dissenting in part). A footnote of this dissenting opinion is cited thus: Edwards v. Basel Pharmaceuticals, 1997 OK 22, n.12, P.2d, (Opala, J., dissenting in part). A published opinion, or part thereof, of the Supreme Court has no precedential effect unless a majority of the Court have joined therein.

    (f) Effective Date.

    The policy adopted herein shall be in effect retroactively from and after April 1, 1983. Citation to opinions using the Supreme Court paragraph citation form shall be required after January 1, 1998 in accordance with Rule 1.200(e).

    Historical Data

  • Section 8 Citation of Louisiana

    SECTION 8. CITATION OF LOUISIANA

    APPELLATE DECISIONS

    A. The following rules of citation of Louisiana appellate court decisions shall apply:

    (1) Opinions and actions issued by the Supreme Court of Louisiana and the Louisiana Courts of Appeal following December 31, 1993 shall be cited according to a uniform public domain citation form with a parallel citation to West’s Southern Reporter:

    (a) The uniform public domain citation form shall consist of the case name, docket number excluding letters, court abbreviation, and month, day and year of issue, and be followed by a parallel citation to West’s Southern Reporter, e.g.:

    Smith v. Jones, 93-2345 (La. 7/15/94); 650 So.2d 500, or Smith v. Jones, 93-2345 (La.App. 1 Cir. 7/15/94; 660 So.2d 400)

    (b) If a pinpoint public domain citation is needed, the page number designated by the court shall follow the docket number and be set off with a comma and the abbreviation “p.”, and may be followed by a parallel pinpoint citation to West’s Southern Reporter, e.g.:

    Smith v. Jones, 94-2345, p. 7 (La. 7/15/94); 650 So.2d 500, 504

    (2) Opinions issued by the Supreme Court of Louisiana for the period between December 31, 1972 and January 1, 1994, and all opinions issued by the Courts of Appeal from the beginning of their inclusion in West’s Southern Reporter in 1928 until January 1, 1994, shall be cited according to the form in West’s Southern Reporter:

    (a) The citation will consist of the case name, Southern Reporter volume number, title abbreviation, page number, court designation, and year, e.g.:

    Smith v. Jones, 645 So.2d, 321 (La.1990)

    (b) A parallel public domain citation following the same format as that for post-January 1, 1994 opinions may be added after the Southern Reporter citation, but is not required.

    (3) Opinions issued by the Supreme Court of Louisiana prior to the discontinuation of the official Louisiana Reports in 1972 and opinions issued by the Courts of Appeal prior to their inclusion in the Southern Reporter in 1928 shall be cited in accordance with pre-1994 practice, as follows:

    (a) Cite to Louisiana Reports, Louisiana Annual Reports, Robinson, Martin, Reports of the Louisiana Courts of Appeal, Peltier, Teisser, or McGloin if therein, and to the Southern Reporter or Southern 2d if therein.

    (b) A parallel public domain citation following the same format as that for post-January 1, 1994 opinions may be added, but is not required.

    B. These rules shall apply to all published actions of the Supreme Court of Louisiana and the Louisiana Courts of Appeal issued after December 31, 1993. Citation under these rules in court documents shall become mandatory for all documents filed after July 1, 1994. Adopted Dec. 17, 1993.

  • Sixth Circuit Electronic Opinion Distribution and Citation Policy Changes

    On January 1, 1994, the United States Court of Appeals for the Sixth Circuit will make several significant improvements to its distribution of opinions in electronic format. An electronic citation and filename will be added to each opinion placed on the court’s electronic bulletin board, page breaks will be added to the electronic file, opinions may be batch down-loaded rather than individual down-loads as in the past, and opinions will be available on the bulletin board in both Wordperfect and ASCII formats.

    Electronic Citations. The electronic citation will assign a court-generated, vendor neutral, reference number to opinions at the time of their release. The electronic citation is intended to avoid the proliferation of various electronic citations developed by vendors and to provide a common reference for all users of electronic and CD-ROM systems. The electronic citation is considered to be a parallel citation to the opinion in addition to the citation in the published reporter series.

    The court encourages the use of the Sixth Circuit electronic citation by bench and bar when citing cases to or from the Sixth Circuit. While there will be no penalties for not using the electronic citation, the court and the bar will find it easier to retrieve cases from the various electronic publishers when the citation is used.

    The Sixth Circuit maintains the distinction between published and unpublished opinions.

    The format of the electronic citation system, which is based on the recommendations of the Committee on Automation and Technology of the Judicial Conference of the United States is as follows:

    Bulletin Board Enhancements. C.I.T.E. (Case Information Transmitted Electronically) is the court’s electronic bulletin board. It has provided public access to the court’s published opinions, calendars, docket sheets, rules, and other information since 1989. Effective January 1, 1994, there will be changes to the format of information on the bulletin board that will make it quicker and easier to down-load information from the court. For example, it will be possible to choose to down-load a group of opinions or docket sheets in a single operation rather than on an individual case by case basis as in the past. In addition, opinions will remain on the bulletin board for a longer period of time in the future.

    Opinion Format. Beginning on January 1, 1994, the electronic version of opinions that are placed on the court’s bulletin board will be fully consistent in content and format with the printed slip opinion released by the Clerk’s Office. Page breaks will be inserted into the electronic version, and footnotes will appear at the bottom of the “electronic page” rather than at the end of the file as in the past. In addition, users will have the choice of down-loading the opinion in Wordperfect or ASCII (plain text without any formatting codes) format. Each opinion on the bulletin board also will have a filename that is consistent with the electronic citation. For example, the filename for the opinion in the example above would be 94A1234P.06.

    How to Access C.I.T.E. The telephone number for C.I.T.E. is (513) 684-2842. Use your computer and model software to dial into that number and answer the questions on the screen. If you are a new user, you will have to complete brief registration questions. From that point on, simply follow on-screen directions. Limited technical assistance is available by calling (513) 684-2953.

  • State of Maine Supreme Judicial Court

    STATE OF MAINE
    SUPREME JUDICIAL COURT

    Docket No. SJC-216

    ORDER

    The order of this Court, dated January 27, 1966, as amended by the order of December 1, 1982, is further amended to read as follows:

    1. The Atlantic Reporter is the official publication of this Court’s opinions commencing January 1, 1966.
    2. Opinions issued on or after January 1, 1966, and before January 1, 1997, shall be cited in the following style:

      Westman v. Armitage. 215 A.2d 919 (Me. 1966)

    3. Opinions issued on or after January 1, 1997, shall include the calendar year, the sequential number assigned to the opinion within that calendar year, and shall be cited in the following style:

      Smith v. Jones. 1997 ME 7, 685 A.2d 110

    4. The sequential decision number shall be included in each opinion at the time it is made available to the public and the paragraphs in the opinion shall be numbered. The official publication of each opinion issued on or after January 1, 1997 shall include the sequential number in the caption of the opinion and the paragraph numbers assigned by the Court.
    5. Pinpoint citations shall be made by reference to paragraph numbers assigned by the Court in the following style:

      Smith v. Jones. 1997 ME 7, ¶ 14, 685 A.2d 110

    6. Memorandum Decisions and Summary Orders shall not be published in the Atlantic Reporter and shall not be cited as precedent for any matter addressed therein.

    Dated: August 20, 1996

  • Supreme Court of the State of Pennsylvania

    Superior Court of the State of Pennsylvania

    Notice to the Bar

     

    Effective January 1, 1999, the Superior Court will be issuing opinions containing a Universal Citation. This citation will be as follows: Jones v. Smith, 1999 PA Super 1. The second number is the Court-issued number of the opinion. Each opinion will also have numbered paragraphs, to be used for pinpoint citations, e.g., Jones v. Smith, 1999 PA Super 1, 15.

    Citation to opinions that have not yet been issued an Atlantic 2d citation are to be to the Universal citation number. After the official citation has been issued, citation is to be only to the official citation, and not to the Universal Citation.

    Joseph J. Mittleman
    Executive Administrator
    Superior Court of Pennsylvania

  • Supreme Court of Arizona

    Supreme Court of Arizona

    RULES OF THE SUPREME COURT OF ARIZONA  Supreme Court RULE 112, UNIFORM CITATION
    R-97-0001
    ORDER

    The Court has considered the Amended Petition of the State Bar of Arizona proposing a system of uniform citation, and the comments submitted by the public. The Court is not opposed to the concept of such a system but first wants an opportunity to participate in the growing national discussion of this subject, in the hope of achieving some uniformity and consistency with other jurisdictions. The national movement is clearly still in the investigative and exploratory stages. The proposal for a system of uniform citation is therefore denied at this time.

    The Court has determined, however, that the adoption of the paragraph numbering aspect of the State Bar proposal is in the public interest, will promote competition, and should be instituted for all Arizona appellate decisions effective January 1, 1998. The Court’s staff is hereby directed to prepare a rule governing citation to paragraph numbers for all cases decided on or after January 1, 1998.

    The Amended Petition by the State Bar of Arizona is hereby denied in part and granted in part.

    Dated this 1st day of October, 1997.

    For the Court:

    THOMAS A. ZLAKET

    Chief Justice

    TO:

    Petitioners Task Force for the Future of the Profession and Task Force on Technology
    ATTN: Nicholas J. Wallwork, Esq., Kathy E. Shimpock, Esq. and Michael R.
    Arkfeld, Esq.

    Final Rule Mailing List pursuant to Rule 28, Rules of the Supreme Court

    All individuals who filed comments to the proposed rule
    Arizona State Law Library
    Judges of the Court of Appeals, State of Arizona
    All Superior Court Judges and Commissioners of the State of Arizona
    Members of the Arizona Judicial Council
    Opinion Access System (OAS) Subscribers
    Members of the Arizona Chapter of the Association of Legal Administrators
    Rule 40 Approved Legal Services Organizations
    West Publishing Company
    Lexis-Nexis

  • Supreme Court of Colorado

    Supreme Court of Colorado

    STATE JUDICIAL BUILDING
    2 EAST 14TH AVENUE
    DENVER, COLORADO 80203
    (303) 861-1111

    MAC V. DANFORD  CLERK OF COURT
    COURT ADMINISTRATOR

    MEMORANDUM

    To: Publishers
    From: Mac V. Danford
    Date: May 25, 1995
    Re: Paragraph Numbering

    By Chief Justice Memorandum of May 5, 1994, the court adopted the policy that pinpoint citations to quotations may reference either a page number in the West’s Pacific Reporter or a paragraph number in the opinion.

    As a result of that memo, the court has also considered whether a specific system of paragraph numbering should be adopted and implemented within the court or whether various publishers should be permitted to design their own numbering system, within certain guidelines.

    The court has now decided to follow the latter course. Thus, within the following guidelines, each publisher (paper or electronic) may include in opinions of the Supreme Court or published opinions of the Court of Appeals a system of sequential numbering of paragraphs for reference purposes. Any numbering system so chosen must:

    1. Begin with Arabic Numeral 1 at the first paragraph of text of the majority or dispositive opinion.
    2. Continue sequentially throughout the majority opinion and any concurring or dissenting opinions in the order that such opinions are arranged by the court.
    3. Footnotes should not be numbered separately from the number assigned by the court nor should paragraph numbers within footnotes be numbered. (Pinpoint citations need only reference a footnote by the number assigned it by the court).
    4. Markers that merely divide opinions, i.e., Roman Numerals, Capital Letters, etc., should not be numbered unless the line containing the marker also contains a text title to that portion of the opinion.
    5. Block indented single-spaced portions of a paragraph should not be numbered as a separate paragraph.

  • Supreme Court of Florida

    Supreme Court of Florida

    No. 85,746

    IN RE FLORIDA RULE OF
    APPELLATE PROCEDURE 9.800(n),
    CITATIONS.
    [June 15, 1995]

    PER CURIAM.

    This Court on its own motion hereby promulgates the following proposed change to Florida Rule of Appellate Procedure 9.800(n) pertaining to citations:

    (n) Other Citations. When referring to specific material within a Florida court’s opinion, pinpoint citation to the page of the Southern Reporter where that material occurs is optional, although preferred. All other citations shall be in the form prescribed by the latest edition of The Bluebook: A Uniform System of Citation, The Harvard Law Review Association, Gannett House, Cambridge, Mass. 02138. Citations not covered in this rule or in The Bluebook shall be in the form prescribed by the Florida Style Manual published by the Florida State University Law Review, Tallahassee, Fla. 32306.

    The Clerk of this Court is hereby directed to notify all interested parties of this proceeding and publish notification of this proposed rule change in The Florida Bar News. Responses received by August 1, 1995, will be considered by this Court in its final determination as to an appropriate rule to address this issue.

    It is so ordered.

    GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.

  • Supreme Court of Mississippi

    IN THE SUPREME COURT OF MISSISSIPPI

    NO. 89-R-99027 SCT

    IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE

     

    FILED

    DEC 18 1997

    CHARLOTTE B. WILLIAMS, CLERK

    SUPREME COURT

    COURT OF APPEALS

     

    ORDER

     

    This matter came before the Court sitting en banc on the Court’s own motion to amend Rule 28(e) and the Comment to Rule 28 of the Mississippi Rules of Appellate Procedure. The Court finds that the amendments will promote the fair and efficient administration of justice and will, specifically, promote the use of electronic systems by allowing citation of opinions in electronic format.

    IT IS, THEREFORE, ORDERED that Rule 28(e) and the Comment to Rule 28 of the Mississippi Rules of Appellate Procedure be and the same are hereby amended to read as follows:

    (e) References in Briefs to the Record and Citations. All briefs shall be keyed by reference to page numbers (1) to the record excerpts filed pursuant to Rule 30 of these Rules, and (2) to the record itself. Furthermore, all Mississippi cases shall be cited to both the Southern Reporter and, in cases decided prior to 1967, the official Mississippi Reports. Quotations from cases and authorities appearing in the text of the brief shall be preceded or followed by a reference to the book and page where the quotation appears.

    (1) From and after July 1, 1997, the Supreme Court and the Court of Appeals shall assign paragraph numbers to the paragraphs in all published opinions. The paragraph numbers shall begin at the first paragraph of the text of the majority opinion and shall continue sequentially throughout the majority opinion and any concurring or dissenting opinions in the order that the opinions are arranged by the Court.

    (2) All Mississippi cases shall be cited to either:

    (i) the Southern Reporter and, in cases decided prior to 1967, the official Mississippi Reports (e.g., Smith v. Jones, 699 So.2d 100 (Miss. 1997)); or

    (ii) for cases decided from and after July 1, 1997, the case numbers as assigned by the Clerk’s Office (e.g., Smith v. Jones, 95-KA-01234-SCT (Miss. 1997)).

    (3) Quotations from cases and authorities appearing in the text of the brief shall be cited in one of the following ways:

    (i) preceded or followed by a reference to the book and page in the Southern Reporter and/or the Mississippi Reports where the quotation appears (e.g., Smith v. Jones, 699 So.2d 100, 102 (Miss. 1997)); or

    (ii) in cases decided from and after July 1, 1997, preceded or followed by a reference to the case number assigned by the Clerk’s Office and paragraph number where the quotation appears (e.g., Smith v. Jones, 95-KA-01234-SCT (¶1) (Miss. 1997)); or

    (iii) in cases decided from and after July I, 1997, preceded or followed by a reference to the book and paragraph number in the Southern Reporter where the quotation appears (e.g., Smith v. Jones, 699 So. 2d 100 (¶1) (Miss. 1997)); or

    (iv) in cases decided prior to July 1, 1997, preceded or followed by a reference to the case number assigned by the Clerk’s Office and paragraph number where the quotation appears when the case is added to the Court’s Internet web site in the new format, i.e., with paragraph numbers (e.g., Smith v. Jones, 93-CA-05678-SCT (¶1) (Miss. 1995)); or

    (v) preceded or followed by a parallel citation using both the book citation and the case number citation.

    Comment

    Rule 28 is based upon Fed. R. App. P. 28 and 5th Cir. R. 28.2.1, 28.2.2. If a party states issues under Rule 28(a)(3) not included in a statement required by Rule 10(b)(4), that party will bear responsibility for the cost of preparing any additional portions of the record subsequently designated by any other party in response to the statement of additional issues.

    In cross-appeals, the response of the appellant to the cross-appeal is to be combined with the appellant’s reply. The combined brief is treated as a principal brief under Rule 28(g) which governs page lengths.

    Rule 28(e) requires parallel citations prior to 1967 because the Southern Reporter is the official reporter only for decisions published since 1966. Any party filing a brief citing an unreported decision from another court should also file a copy of the decision with the clerk of the Supreme Court.

    Rule 28(e) adopts a citation standard which is in the public domain. The new citation standard is both vendor neutral and media neutral. A vendor neutral citation is one which does not contain vendor-specific information, and a media neutral citation is one which is not tied to a particular format. The citation Smith v. Jones, 699 So.2d 100 (Miss. 1997), for example, is neither vendor neutral nor media neutral. However, the citation Smith v. Jones, 95-KA-01234-SCT (Miss. 1997) is both vendor neutral and media neutral. The basis for the adoption of a new citation standard is to allow citation of cases which appear in electronic format in addition to citation of cases which appear in print.

    An original Rule 28(j) letter should be submitted with three copies. Rule 28(l) governs briefs other than briefs on the merits controlled by Rules 28(a), (b), and (c).

    The provisions of Rule 28(m) apply only to briefs on the merits of an appeal and not to memoranda and briefs filed in support of or in opposition to motions and petitions seeking less than relief on the merits of appeals. This provision, while not mandatory in its application, was adopted to encourage the filing of disk copies.

    IT IS FURTHER ORDERED that a certified copy of this order shall be forwarded by the Clerk of this Court to West Publishing Company for publication as promptly as reasonably possible in the advance sheets of the Southern Reporter, Second Series, and on the internet site of the Supreme Court, both being the official reporters of cases decided in these Courts, and in the Mississippi Rules of Court.

    SO ORDERED, this, the 11th day of November, 1997.

  • Supreme Court of Montana

    IN THE SUPREME COURT OF THE STATE OF MONTANA
    IN RE: THE MATTER OF OPINION FORMS
    AND CITATION STANDARDS OF THE O R D E R
    SUPREME COURT OF MONTANA; AND
    THE ADOPTION OF A FORM OF PUBLIC
    DOMAIN AND NEUTRAL-FORMAT
    CITATION

     

    In order to facilitate electronic legal research via the Internet; in order to make the opinions and substantive orders issued by this Court more accessible to the print and broadcast media and to members of the public; and in order to more effectively implement the “Right to Know” provisions of the Constitution of the State of Montana, Article II, Section 9, this Court, pursuant to its authority under Article VII, Section 2(3) of the Constitution of the State of Montana, has determined to make an addition to its current citation format.

    Accordingly, IT IS ORDERED that, from and after January 1, 1998:

    (1) At the time of issuance, this Court shall assign to all opinions and to those orders designated by this Court for publication (hereinafter referred to as substantive orders), a citation which shall include the calendar year in which the opinion or substantive order is issued followed by the Montana U.S. Postal Code (MT) followed by a consecutive number beginning each year with “1” (for example, 1998 MT 1). This citation shall be known as the public domain or neutral-format citation and shall appear on the title page of each opinion and on the first page of each substantive order issued by this Court. State Reporter Publishing Company and West Group are requested to publish this public domain, neutral-format citation within the heading of each opinion or substantive order published by those companies.

    (2) Beginning with the first paragraph of text, each paragraph in every such opinion and substantive order shall be numbered consecutively beginning with a ¶ symbol followed by an Arabic numeral, flush with the left margin, opposite the first word of the paragraph. Paragraph numbers shall continue consecutively throughout the text of the majority opinion or substantive order and any concurring or dissenting opinions or rationale. Paragraphs within footnotes shall not be numbered nor shall markers, captions, headings or Roman numerals which merely divide opinions or sections thereof. Block-indented single-spaced portions of a paragraph shall not be numbered as a separate paragraph. State Reporter Publishing Company and West Group are requested to publish these paragraph numbers in each opinion or substantive order published by those companies.

    (3) In the case of opinions which are not to be cited as precedent (variously referred to as unpublished, “noncite,” or memorandum opinions) and in the case of all substantive orders (unless otherwise specifically designated by this Court), the consecutive number in the public domain or neutral-format citation shall be followed by the letter “N” to indicate that the opinion or substantive order is not to be cited as precedent in any brief, motion or document filed with this Court or elsewhere (for example, 1998 MT 1N). Any “N” citation, nevertheless, shall be listed along with the result, case title and Supreme Court cause number in the quarterly table of noncitable cases issued by this Court and published by State Reporter Publishing Company and West Group.

    (4) In the case of opinions or substantive orders which are withdrawn or vacated by a subsequent order of this Court, the public domain, neutral-format citation of the withdrawing or vacating order shall be the same as the original public domain, neutral-format citation but followed by a letter “W” (for example, 1998 MT 1W). An opinion or substantive order issued in place of one withdrawn or vacated shall be assigned the next consecutive number appropriate to the date on which it is issued.

    (5) In the case of opinions or substantive orders which are amended by a subsequent order of this Court, the public domain, neutral-format citation of the amending order shall be the same as the original public domain, neutral-format citation but followed by a letter “A” (for example, 1998 MT 1A). Amended paragraphs shall contain the same number as the paragraph being amended. Additional paragraphs shall contain the same number as the immediately preceding original paragraph but with the addition of a lower case letter (for example, if two new paragraphs are added following paragraph 13 of the original opinion, the new paragraphs will be numbered ¶13a and ¶13b). If a paragraph is deleted, the number of the deleted paragraph shall be skipped in the sequence of paragraph numbering in any subsequently published version of the amended opinion of substantive order, provided that at the point where the paragraph was deleted, there shall be a note indicating the depletion of that paragraph.

    (6) The following are examples of proper citations to Montana Supreme Court opinions:

    For cases decided before January 1, 1998:
    Primary cite:
    Roe v. Doe (1997), 284 Mont. 301, 989 P.2d 472.
    Primary cite with pinpoint cite:
    Roe v. Doe (1997), 284 Mont. 301, 305, 989 P.2d 472, 475.
    Pinpoint cite alone:
    Roe, 284 Mont. at 305, 989 P.2d at 475.

    For cases decided from and after January 1, 1998:
    Primary cite:
    Doe v. Roe, 1998 MT 12, 286 Mont. 175, 989 P.2d 1312.
    Primary cite with pinpoint cite:
    Doe v. Roe, 1998 MT 12, ¶¶44-45, 286 Mont. 175 ¶¶44-45, 989 P.2d 1312, ¶44-45.
    Pinpoint cite:
    Doe, ¶44-45.

    IT IS FURTHER ORDERED that the citation formats adopted herein are in addition to and supplement the current citation formats used by this Court. The Montana Reports is the official reporter of this Court’s opinions and this Court will continue to cite to both its official reporter and to the regional, Pacific, reporter in addition to the public domain, neutral-format citation. This Court encourages the adoption and use of these formats in all briefs, memoranda and other documents filed in this Court.

    IT IS FURTHER ORDERED that copies of this order shall be mailed by the Clerk of this Court to:

    The Code Commissioner and Director of Legal Services for the State of Montana;
    The District Judges of the State of Montana;
    The Clerks of the District Courts of the State of Montana;
    The Clerk of the United States District Court of the State of Montana;
    The Clerk of the United States Circuit Court of Appeals, 9th Circuit;
    W.H. Bellingham, Chairman of the Advisory Commission of Rules of Civil and Appellate Procedure;
    The State Law Librarian;
    The State Librarian;
    The Librarian for the University of Montana, School of Law;
    The Dean of the University of Montana, School of Law, with the request that this order be distributed to the faculty and students of the School of Law;
    The Attorney General for the State of Montana.
    The Appellate Defender for the State of Montana;
    The President and Executive Director of the Sate Bar of Montana with a request that this order be published in the next available issue of The Montana Lawyer;
    the State Reporter Publishing company and West Group with a request that this order be published in their respective publication.

    This Court expresses its appreciation to Judy Meadows, State Law Librarian; to Ruth Ann Popp, Secretary, Montana Supreme Court; and to Shauna Thomas, Editor, State Reporter Publishing Company for their advice and assistance in the preparation and implementation of this order.

    DATED this 16th day of December, 1997.

    /s/ J. A. TURNAGE
    /s/ JAMES C. NELSON
    /s/ WILLIAM E. HUNT, SR.
    /s/ KARLA M. GRAY
    /s/ W. WILLIAM LEAPHART
    /s/ JIM REGNIER
    /s/ TERRY N. TRIEWEILER

  • Supreme Court of New Mexico

    Supreme Court of New Mexico

    FROM THE NEW MEXICO SUPREME COURT  NO. 97-8500
    ORDER

    IN THE MATTER OF THE PROVISIONAL ADOPTION OF MEDIUM NEUTRAL CITATION FOR APPELLATE OPINIONS AND NEW MEXICO STATUTES AND NMRA CITATION FOR COURT RULES AND UNIFORM JURY INSTRUCTIONS IN APPELLATE OPINIONS AND PLEADINGS FILED IN THE COURTS OF THE STATE OF NEW MEXICO

     

    WHEREAS, the matter came on for consideration upon the Court’s own motion to adopt medium neutral citation for appellate opinions and New Mexico statutes and NMRA citation for Court rules and uniform jury instructions in all pleadings

    filed in the courts of the state of New Mexico, Chief Justice Gene E. Franchini, Justice Joseph F. Baca, Justice Pamela B. Minzner, Justice Patricio M. Serna, and Justice Dan A. McKinnon, III, concurring;

    NOW, THEREFORE, IT IS ORDERED that the motion hereby is granted and this Court hereby provisionally adopts medium neutral citation for appellate opinions and New Mexico statutes and NMRA citation for Court rules and uniform jury instructions as the official citation forms for all pleadings filed in the courts of the state of New Mexico;

    IT IS FURTHER ORDERED that the means of implementing this order shall be developed by the Supreme Court Rules of Appellate Procedure Committee and that the Committee will report its recommendations to the Court;

    IT IS FURTHER ORDERED that the Supreme Court clerk, the official reporter of appellate opinions, shall cause to be published in the

    opinion header of all appellate opinions the medium neutral citation, which serves as the official citation for appellate opinions issued by the New Mexico appellate courts;

    IT IS FURTHER ORDERED that the medium neutral citation form for New Mexico statutes shall be “NMSA 1978, § __ (19__)”, i.e., it is unnecessary to refer to “Cum. Supp.” or “Repl. Pamp.”, rather reference shall be made to the “History Note” that appears after each statute to indicate effective year; and

    IT IS FURTHER ORDERED that the official citation form for all Court rules and uniform jury instructions promulgated by the Court shall be “Rule __, NMRA 19__” or “UJI__, NMRA 19__.”

     

    WITNESS, The Hon. Gene E. Franchini, Chief Justice of the Supreme Court of the State of New Mexico, and the seal of said Court this 15th day of August, 1997.

  • The Supreme Court of South Dakota

    THE SUPREME COURT
    OF THE
    STATE OF SOUTH DAKOTA

    IN THE MATTER OF THE ADOPTION  OF A NEW RULE

    RULE 95-13

    Pursuant to a hearing held on October 18, 1995, at Madison, South Dakota, relating to the adoption of a new rule relating to the citation of official opinions of the South Dakota Supreme Court, the Court having considered the proposed new rule, the correspondence and oral presentations relating thereto, if any, and being fully advised in the premises, now, therefore, it is

    ORDERED that the following new rule be and it is hereby adopted to read in its entirety as follows:

    (1) The initial citation of any published opinion of the Supreme Court released prior to January 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the volume and page number of the South Dakota Reports or North Western Reporter in which the opinion is published. Subsequent citations within the brief, document, or memorandum shall include the page number and sufficient references to identify the initial citation.

    (2) The initial citation of any published opinion of the Supreme Court released on or after January 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the calendar year in which the decision was announced, the Court designation of “SD”, and a sequential number assigned by the Clerk of the Supreme Court. Citation to specific portions of the opinion shall be made to the paragraph number assigned by the Clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, document, or memorandum shall include the paragraph number and sufficient references to identify the initial citation.

    When available, initial citations shall include the volume and initial page number of the North Western Reporter in which the opinion is published.

    IT IS FURTHER ORDERED that this rule shall become effective January 1, 1996.

    DATED at Pierre, South Dakota, this 30th day of October, 1995.

  • Supreme Court of Utah

    Supreme Court of the State of Utah

    REVISED NOTICE AS TO UNIVERSAL CITATION FORM

     

    (This notice effective as of 01/14/2000 supercedes the announcement published in the January 2000 Utah Bar Journal and results from the decision to identify the Utah Court of Appeals as UT App rather than Utah Ct. App. This notice also corrects the form earlier given for the initial citation of a Utah Court of Appeals decision before publication in the Pacific Reporter but after publication in the Utah Advance Reports.)

    Effective March 1, 2000, the initial citation of any published opinion of the Utah Supreme Court or the Utah Court of Appeals, released on or after January 1, 1999, in any brief, table of cases in the brief, memorandum, or other document filed in the Utah Supreme Court or the Utah Court of Appeals, shall include the case name, the year the opinion was issued, identification of the court that issued the opinion (UT for Utah Supreme Court and UT App for the Utah Court of Appeals), and the sequential number assigned to the opinion by the respective court. Citation to specific portions of the opinion shall be made by reference to the paragraph numbers assigned by the court. A comma and then a paragraph symbol (¶) should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, document, or memorandum should include the paragraph number and sufficient references to identify the initial citation. Initial citations shall also include the volume and initial page number of the Pacific Reporter in which the opinion is published. When an opinion is in slip form awaiting inclusion in a Pacific Reporter volume, the slip opinion form should be used. A pinpoint citation is not required in the parallel citation to the Pacific Reporter since the paragraph numbers assigned by the court are included in the Pacific Reporter version. Likewise, it is not necessary to include the year the case was published since that will be evident from the initial citation.

    Examples of an initial citation to a Utah Supreme Court opinion or a Utah Court of Appeals opinion issued on or after January 1, 1999, using fictitious decisions, would be as follows:
    Before publication in Utah Advance Reports:

    Smith v. Jones, 1999 UT 16.

    Smith v. Jones, 1999 UT App 16.
    Before publication in Pacific Reporter but after publication in Utah Advance Reports:

    Smith v. Jones, 1999 UT 16, 380 Utah Adv. Rep. 24.

    Smith v. Jones, 1999 UT App 16, 380 Utah Adv. Rep. 24.
    After publication in Pacific Reporter:

    Smith v. Jones, 1999 UT 16, 998 P.2d 250.

    Smith v. Jones, 1999 UT App 16, 998 P.2d 250.

    Examples of a pinpoint citation to a Utah Supreme Court opinion or a Utah Court of Appeals opinion issued on or after January 1, 1999, would be as follows:
    Before publication in Utah Advance Reports:

    Smith v. Jones, 1999 UT 16, ¶21.

    Smith v. Jones, 1999 UT App 16, ¶21.

    Smith v. Jones, 1999 UT App 16, ¶¶21-25.
    Before publication in Pacific Reporter but after publication in Utah Advance Reports:

    Smith v. Jones, 1999 UT 16, ¶21, 380 Utah Adv. Rep. 24.

    Smith v. Jones, 1999 UT App 16, ¶21, 380 Utah Adv. Rep. 24.
    After publication in Pacific Reporter:

    Smith v. Jones, 1999 UT 16, ¶21, 998 P.2d 250.

    Smith v. Jones, 1999 UT App 16, ¶21, 998 P.2d 250.
    If the immediately preceding authority is a post-January 1, 1999, opinion, cite to the paragraph number:

    Id. at ¶15.
    Any questions about the universal citation form may be directed to:

    Matty Branch, Appellate Court Administrator
    450 South State Street, 5th Floor
    P.O. Box 140210
    Salt Lake City, Utah 84114-0210
    phone: (801) 578-3834
    fax: (801) 578-3999
    email: mattyb@email.utcourts.gov

  • Supreme Court of Wisconsin

    Supreme Court of the State of Wisconsin

    SCR CHAPTER 80

    PUBLICATION OF OPINIONS

    JUDICIAL COUNCIL COMMITTEE’S NOTE, 1979: The following rules, governing the publication of opinions of the court of appeals and supreme court, were adopted by the supreme court on December 19, 1975, effective January 1, 1976. The rules were originally numbered 2 to 4 and have been clarified and numbered SCR 80.01 to 80.03 for uniformity and convenience and redrafted to reflect the existence of the court of appeals.

    SCR 80.001 Definition.

    In this chapter, “public domain citation” means the calendar year in which an opinion, rule, order, or other item that is to be published is issued or ordered to be published, whichever is later, followed by the designation of the court issuing the opinion, rule, order, or other item, followed by the sequential number assigned to the opinion, rule, order, or other item by the clerk of the court, in the following form:

    2000 WI 14

    2001 WI App 9

    SCR 80.01 Official publications.

    (1) The supreme court designates the Wisconsin Reports as published by Lawyers Cooperative Publishing and the Wisconsin Reporter edition of the North Western Reporter published by West Group as official publications of the opinions, rules, and orders of the court of appeals and the supreme court and other items designated by the supreme court. If any authorized agency of this state publishes the opinions, rules, orders, and other matters of the court of appeals and the supreme court in a format approved by the supreme court after January 1, 1979, that publication shall also be designated as an official publication.

    (2) The official publication of each opinion, rule, order, and other item of the supreme court issued on or after January 1, 2000, shall set forth the public domain citation of the opinion, rule, order, or other item and shall include the paragraph numbering of the opinion.

    (3) The official publication of each opinion, rule, order, and other item of the court of appeals ordered to be published on or after January 1, 2000, shall set forth the public domain citation of the opinion, rule, order, or other item and shall include the paragraph numbering of the opinion.

    SCR 80.02 Proper citation.

    (1) The citation of any published opinion of the court of appeals or the supreme court in the table of cases in a brief and the initial citation in a memorandum or other document filed with the court of appeals or the supreme court shall include, in the order set forth, a reference to each of the following:

    (a) the public domain citation, if it exists;

    (b) the volume and page number of the Wisconsin Reports in which the opinion is published;

    (c) the volume and page number of the North Western Reporter in which the opinion is published;

    (2) Subsequent citations shall include at least one of the references in sub. (1) and shall be internally consistent.

    (3) (a) Citation to specific portions of an opinion issued or ordered to be published prior to January 1, 2000, shall be by reference to page numbers, in the following form:

    Smith v. Jones, 214 Wis. 2d 408, 412.

    Doe v. Roe, 595 N.W.2d 346, 352.

    (b) Citation to specific portions of an opinion issued on or after January 1, 2000, shall be by reference to paragraph numbers, in the following form:

    Smith v. Jones, 2000 WI 14, ¶6

    Smith v. Jones, 214 Wis. 2d 408, ¶12

    Doe v. Roe, 2001 WI App 9, ¶17

    Doe v. Roe, 595 N.W.2d 346, ¶27

    (c) Citation to specific portions of an opinion issued prior to January 1, 2000, and ordered to be published after January 1, 2000, shall be by reference to paragraph numbers if they exist or to page numbers if paragraph numbers do not exist.

    SCR 80.03 Title.

    Lawyers Cooperative Publishing is authorized to designate the reports published by it as “Wisconsin Reports” provided that “Callaghan’s” is a prefix to the title.

    Amended October 30, 1981; January 19, 1994; June 28, 1999.

  • Supreme Court of Wyoming

    IN THE SUPREME COURT, STATE OF WYOMING
    OCTOBER TERM A.D. 2000
    In the Matter of Adopting
    A Public Domain, Neutral-Format Citation Format

     

    ORDER ADOPTING A PUBLIC DOMAIN OR NEUTRAL-FORMAT CITATION

    This Matter came before the Court by direction of the Board of Judicial Policy and Administration, in recognition of the increasing level of legal research being conducted via the Internet and other electronic resources, to adopt a public domain, neutral-format citation which will support use of legal sources in both the traditional book and electronic formats.  Accordingly, IT IS ORDERED that, from and after January 1, 2001:

    (1) At the time of issuance, this Court shall assign to all opinions and to those orders designated by this Court for publication (hereinafter referred to as substantive orders) a citation which shall include the calendar year in which the opinion or substantive order is issued followed by the Wyoming U.S. Postal Code (WY) followed by a consecutive number beginning each year with “1” (for example, 2001 WY 1). This public domain, neutral-format citation shall appear on the title page of each opinion and on the first page of each substantive order issued by this Court. All publishers of Wyoming Supreme Court materials are requested to include this public domain, neutral-format citation within the heading of each opinion or substantive order they publish.

    (2) Beginning with the first paragraph of text, each paragraph in every such opinion and substantive order shall be numbered consecutively beginning with a  symbol followed by an Arabic numeral, flush with the left margin, opposite the first word of the paragraph. Paragraph numbers shall continue consecutively throughout the text of the majority opinion or substantive order and any concurring or dissenting opinions or rationale. Paragraphs within footnotes shall not be numbered nor shall markers, captions, headings or Roman numerals, which merely divide opinions or sections thereof. Block-indented single-spaced portions of a paragraph shall not be numbered as a separate paragraph.  All publishers of Wyoming Supreme Court materials are requested to include these paragraph numbers in each opinion or substantive order they publish.

    (3) In the case of opinions which are not to be cited as precedent (per curium opinions) and in the case of all substantive orders (unless otherwise specifically designated by this Court), the consecutive number in the public domain or neutral-format citation shall be followed by the letter “N” to indicate that the opinion or substantive order is not to be cited as precedent in any brief, motion or document filed with this Court or elsewhere (for example, 2001 WY 1N).

    (4) In the case of opinions or substantive orders which are withdrawn or vacated by a subsequent order of this Court, the public domain, neutral-format citation of the withdrawing or vacating order shall be the same as the original public domain, neutral-format citation but followed by a letter “W” (for example, 2001 WY 1W). An opinion or substantive order issued in place of one withdrawn or vacated shall be assigned the next consecutive number appropriate to the date on which it is issued.

    (5) In the case of opinions or substantive orders which are amended by a subsequent order of this Court, the public domain, neutral-format citation of the amending order shall be the same as the original public domain, neutral-format citation but followed by a letter “A” (for example, 2001 WY 1A). Amended paragraphs shall contain the same number as the paragraph being amended. Additional paragraphs shall contain the same number as the immediately preceding original paragraph but with the addition of a lower case letter (for example, if two new paragraphs are added following paragraph 13 of the original opinion, the new paragraphs will be numbered 13a and 13b). If a paragraph is deleted, the number of the deleted paragraph shall be skipped in the sequence of paragraph numbering in any subsequently published version of the amended opinion of substantive order, provided that at the point where the paragraph was deleted, there shall be a note indicating the deletion of that paragraph.

    (6)  For cases decided between January 1, 2001, and December 31, 2003, for documents filed with the Court, a proper citation shall also include the volume and initial page number of the West Pacific Reporter in which the opinion is published.  For cases decided after December 31, 2003, reference to the volume and initial page number of the West Pacific Reporter in which the opinion is published shall be optional in documents filed with the Court. The Wyoming Reporter will remain the official reporter of this Court’s opinions and, where West Pacific Reporter citations are available at the time an opinion is issued, this Court will continue to cite to the West Pacific Reporter in addition to the public domain, neutral-format citation in all of its opinions.

    (7) The following are examples of proper citations to Wyoming Supreme Court opinions:

    For cases decided before January 1, 2001:
       Primary cite:
    Roe v. Doe, 989 P.2d 472 (Wyo. 1997).
    Primary cite with pinpoint cite:
    Roe v. Doe, 989 P.2d 472, 475 (Wyo. 2001).
    Pinpoint cite alone:
    Roe, 989 P.2d at 475.

    For cases decided from and after January 1, 2001 to December 31, 2003:
       Primary cite:
    Doe v. Roe, 2001 WY 12, 989 P.2d 1312 (Wyo. 2001).
    Primary cite with pinpoint cite:
    Doe v. Roe, 2001 WY 12, ¶44, 989 P.2d 1312, 44 (Wyo. 2001).
    Pinpoint cite:
    Doe, ¶44-45.

    For cases decided from and after December 31, 2003:
       Primary cite:
    Doe v. Roe, 2001 WY 12
    or
    Doe v. Roe, 2001 WY 12,  989 P.2d 1312 (Wyo. 2001).
    Primary cite with pinpoint cite:
    Doe v. Roe, 2001 WY 12, ¶44-45.
    or
    Doe v. Roe, 2001 WY 12, ¶44, 989 P.2d 1312, 44 (Wyo. 2001).
    Pinpoint cite:
    Doe, ¶44-45.
    DATED this 2nd day of October, 2000.

    BY THE COURT:

    LARRY L. LEHMAN
    Chief Justice
    Chairman, Board of Judicial
    Policy and Administration

  • United States District Court District of South Dakota

    ORDER

    UNITED STATES DISTRICT COURT
    DISTRICT OF SOUTH DAKOTA

    IN RE: THE CITATION OF DISTRICT COURT OPINIONS

    Effective October 1, 1996

    Standing Order

    After consideration of a proposal for the adoption of an order governing the citation of District Court opinions for the District of South Dakota, it is hereby

    ORDERED that the initial citation of any published opinion of the District Court released prior to October 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the volume and page number of the Federal Supplement in which the opinion is published. Subsequent citations within the brief, document, or memorandum shall include the page number and sufficient references to identify the initial citation.

    IT IS FURTHER ORDERED that the initial citation of any published opinion of the District Court released on or after October 1, 1996, in a brief, memorandum, or other document filed with the Court and the citation in the table of cases in a brief shall include a reference to the calendar year in which the decision was announced, the Court designation of “DSD” and a sequential number assigned by the District Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, document, or memorandum shall include the paragraph number and sufficient references to identify the initial citation.

    When available, initial citations shall include the volume and initial page number of the Federal Supplement in which the opinion is published.

    IT IS FURTHER ORDERED that this order shall become effective on the first day of October, 1996.

    BY THE COURT:
    RICHARD H. BATTEY
    Chief Judge
    LAWRENCE L. PIERSOL
    CHARLES B. KORNMANN
    United States District Judges