Gavin Howe
The Bluebook is a style guide that dictates how to cite legal documents, including court cases, in the United States. The Bluebook's rules are complex and depend on a number of factors, including the jurisdiction, court, and type of case. For example, the basic format of a case citation includes the names of the lead parties, such as the plaintiff or appellant versus the defendant or appellee. In court documents, case names are usually italicized or underlined, whereas in academic legal writing, full case names are generally not underlined or italicized. When citing court filings in the same case, it is customary to abbreviate the titles of those documents and cite a paragraph or page within the document.
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What You'll Learn
The Bluebook and basic concepts of legal citation
The Bluebook: A Uniform System of Citation is the style guide for legal citations used in the United States. The guide is designed to help law students and legal professionals format their citations correctly and consistently. While the precise format of a case citation depends on various factors, including the jurisdiction, court, and type of case, there are some basic concepts and rules outlined in The Bluebook that govern the citation of legal documents.
Firstly, it is important to distinguish between court documents (such as briefs, motions, and legal memoranda) and academic legal writing. In court documents, the full case name is usually italicized or underlined, whereas in academic legal writing, full case names are generally not underlined or italicized.
Secondly, when citing a case, it is crucial to refer to the official reporter or publication containing the opinions of the relevant court or jurisdiction. For example, when citing a U.S. Supreme Court case, one must cite the official reporter, the United States Reports, if the case is published therein. The Bluebook prescribes the preferred reporter to cite for each court or jurisdiction.
Thirdly, the name of the case should be abbreviated and followed by a pinpoint citation, if applicable. A pinpoint citation refers to the specific page(s) or paragraph(s) where the referenced material appears. For example, "Roe v. Wade, 410 U.S. 113, 164 (1973)".
Additionally, The Bluebook provides specific rules for citing briefs, court filings, and transcripts. Each document should start with its full name, abbreviated according to the prescribed format, followed by a pinpoint citation if relevant. The full case citation and docket number should then be included. If a decision has not yet been rendered on the cited filing, the date in the parenthetical should reflect the date the filing was made.
Lastly, while not mandatory, it may be appropriate to include the document number assigned by the court, especially if it is critical for locating the document. The Bluebook also allows for some creativity in crafting citations to ensure they comply with the guidelines while effectively communicating the relevant information.
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Citing cases in court documents
When citing cases in court documents, it is essential to follow a uniform system of legal citation, such as the one outlined in The Bluebook. The precise format of a case citation depends on several factors, including the jurisdiction, court, and type of case. Here are some general guidelines to keep in mind:
Formatting Case Citations
Rule 10 of The Bluebook governs how to cite cases and provides extensive instructions on formatting case citations. In court documents (briefs, motions) and legal memoranda, the full case name is usually italicized or underlined. For example, when citing a case in the United States Reports, the following five elements should be listed in order: the name of the case (italicized or underlined), volume number, reporter abbreviation, first page of the case, and the year the case was decided (within parentheses). Here is an example of a citation in this format: *New York Times Co. v. Tasini*, 533 U.S. 483 (2001).
Reporters and Court Abbreviations
A reporter is a publication containing the opinions of a particular court or jurisdiction, organized chronologically by the date of decision. The Bluebook prescribes which reporter is the preferred one to cite. Table 1 of The Bluebook provides a list of reporters and reporter abbreviations, as well as courts and court abbreviations. For example, when citing Supreme Court cases, you must cite the official Supreme Court reporter, United States Reports. The official reporter is always listed first, followed by unofficial reporters in order of citation preference.
Docket Numbers and Pinpoint Citations
When citing court filings, it is important to include the complete title of the document, followed by a pinpoint citation if applicable. The full case citation and docket number should also be included. The document number assigned by the court may be included if it is critical for locating the document.
Creative Adaptations
Sometimes, creativity is required to craft a suitable citation that adheres to The Bluebook's guidelines. For example, when there are multiple Consent Decrees involved in a case, providing the docket number with the court document and case name in the short citation can help avoid confusion.
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Citing cases in academic legal writing
The Bluebook is a style guide that provides instructions on how to format legal citations, including those for cases. It is an essential resource for law students and legal professionals when writing academic legal content.
The precise format of a case citation depends on several factors, including the jurisdiction, court, and type of case. The basic format of a case citation typically includes the names of the lead parties (the plaintiff or appellant vs. the defendant or appellee). For example, "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)". This indicates a decision published in volume 655 of the Federal Reporter, Third Series, starting on page 1013.
In court documents such as briefs, motions, and legal memoranda, a full case name is usually italicized or underlined. However, in academic legal writing, such as law review articles, full case names are generally presented in plain text without italics or underlining.
Rule 10 of The Bluebook (and Rule B10 in the Bluepages) provides comprehensive instructions on formatting case citations and citing briefs, court filings, and transcripts. In addition, several tables within The Bluebook provide further guidance on abbreviations for reporters, courts, and terms used in case names.
Online resources, such as the one by Professor Emeritus Peter W. Martin of Cornell Law School, can also provide basic legal citation guidance. However, it's important to use them as a supplement to, rather than a substitute for, The Bluebook.
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Reporters and case law research
Case law research is an important aspect of legal practice and education. When conducting case law research, one encounters court opinions published in chronological order in volumes known as Case Reporters, or simply Reporters. These reporters can be official or unofficial. Official reporters are government-approved publications that reproduce the reported cases within a given jurisdiction, and many states still publish their own. The official reporter should be cited when submitting documents to a court in that jurisdiction. Supreme Court opinions are the only federal opinions published in official case reporters.
Unofficial reporters, on the other hand, are published by commercial publishers such as West, Lexis, and BNA. They reproduce the reported cases within a given jurisdiction but are not government-approved. Unofficial reporters may include editorial enhancements such as headnotes, which are brief summaries of specific points of law decided in a case. Headnotes are useful for research but are not considered legal authority and should not be cited.
Case citations are structured by volume number, reporter abbreviation, and the first page of the case. When citing cases, it is important to follow the prescribed format, which can vary depending on factors such as jurisdiction, court, and type of case. For example, in court documents like briefs and motions, case names are usually italicized or underlined, whereas in academic legal writing, full case names are generally not italicized or underlined.
When conducting case law research, it is essential to consult reliable sources, such as law libraries and online databases. These sources provide access to official and unofficial reporters, as well as other legal resources, ensuring that researchers can find the information they need.
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Record citation rules
When referencing a motion in a case law, there are specific record citation rules that must be followed. These rules are detailed in The Bluebook: A Uniform System of Citation. The Bluebook provides the widely accepted standard for legal citation styles and is compiled by the editors of the Columbia, Harvard, University of Pennsylvania, and Yale law reviews.
The 19th edition of The Bluebook outlines the major rules for citing to the record in briefs. When citing other court filings in the same case, it is important to abbreviate the titles of those documents and cite a specific paragraph or page within the document. For example, instead of writing out the full title of a document, one would use an abbreviation followed by the paragraph or page number, such as (Jefferson Aff. ¶ 2.) or R. at 5. The use of parentheses around citations is optional, but some sources recommend their use for easier reading.
When citing multiple consecutive paragraphs, a hyphen should be used to indicate the range, as in the example: (Smith Aff. ¶¶ 2-3). It is important to note that when citing a page, paragraph, or line, the "p." or "l." abbreviation should not be used before the number. Additionally, when citing to another pleading, it is standard to include the page symbol followed by the page number and then the paragraph symbol before the paragraph number.
The format of a case citation can vary depending on the jurisdiction, court, and type of case. In court documents, briefs, and motions, the full case name is usually italicized or underlined. However, in academic legal writing, such as a law review article, the full case name is generally not italicized or underlined.
These record citation rules are essential to follow to ensure consistency and accuracy in legal documents. They allow readers to easily identify the source of information and locate the relevant text being referenced.
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Frequently asked questions
The basic format of a case citation includes the names of the lead parties, usually the plaintiff or appellant vs the defendant or appellee. For example, the citation "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)" identifies a decision in a case between an appellant, named Stearns, and an appellee, named Ticketmaster Corporation.
The Bluebook is a guide that covers the basic concepts of legal citation and provides rules and instructions on how to format case citations.
A reporter is a publication that contains the opinions of a particular court or jurisdiction, organized chronologically by date of decision. The Bluebook prescribes which reporter is the preferred one to cite.
When citing to the record in briefs, it is customary to use "at" with appellate record cites. The Bluebook permits a writer to choose to enclose the cite in parentheses or not. For example: (Jefferson Aff. ¶ 2.) or Jefferson Aff. ¶ 2. Cites to the record typically use an “R. at page number” format, such as R. at 5. or (R. at 5.).
