Case citationis a system used by legal professionals to identify pastcourt casedecisions, either in series of books calledreportersorlaw reports,or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in differentjurisdictions,but generally contain the same key information.

United States Reports,the official reporter of theSupreme Court of the United States

Alegal citationis a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position."[1]Where cases are published on paper, the citation usually contains the following information:

  • Court that issued the decision
  • Report title
  • Volume number
  • Page, section, or paragraph number
  • Publication year

In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported within its covers. In such citations, it is usual in these jurisdictions to apply squarebrackets"[year]" to the publication year (which may not be the year that the case was decided: for example, a case decided in December 2001 may have been reported in 2002).

The Internet brought with it the opportunity for courts to publish their decisions on websites and most published court decisions now appear in that way. They can be found through many national and other websites, such asWorldLIIandAfricanLII,that are operated by members of theFree Access to Law Movement.

The resulting flood of non-paginated information has led to numbering of paragraphs and the adoption of a medium-neutral citation system. This usually contains the following information:

  • Year of decision
  • Abbreviated title of the court
  • Decision number (not the court file number)

Rather than utilizing page numbers for pinpoint references, which would depend upon particular printers andbrowsers,pinpoint quotations refer to paragraph numbers.

Pronunciation of case titles

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Incommon lawcountries with anadversarial systemof justice, the names of the opposing parties are separated in the case title by the abbreviationv(usually written asvinCommonwealthcountries and usually asv.in the U.S.[2]) of the Latin wordversus,which meansagainst.When case titles are read out loud, thevcan be pronounced, depending on the context, asand,against,versus,orvee.

Commonwealth pronunciation

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Most Commonwealth countries follow English legal style:

  • Civil casesare pronounced withand.For example,Smith v Joneswould be pronounced "SmithandJones ".[3]
  • Criminal casesare pronounced withagainst.For example,R v Smithwould be pronounced "the CrownagainstSmith ".[3]The Latin wordsRex,Regina,andversusare all rendered into English.
  • In Australia and the United Kingdom,versusandveeare arguably incorrect.[4]
  • InScotland,both civil and criminal cases are pronounced using "against" in the place of "v".

American pronunciation

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In theUnited States,there is no consensus on the pronunciation of the abbreviationv.This has led to much confusion about the pronunciation and spelling of court cases:[5]

  • Versusis most commonly used, leading some newspapers to use the common abbreviationvs.in place of the legal abbreviationv.[2]
  • Againstis a matter of personal style. For example,Warren E. BurgerandJohn Paul Stevenspreferred to announce cases at the Supreme Court withagainst.[6][7]
  • Andis used by some law professors, but other law professors regard it as an affectation.[citation needed]
  • Pronouncing the lettervee(/v/) is used almost exclusively forRoe v. Wade,probably due to its widespread invocation in American culture. This pronunciation—which is discouraged within the legal profession—is otherwise rare among the general public, even when referring to other well-known cases likeBrown v. Board of Education.[8]

Duringoral argumentsinPlanned Parenthood v. Casey(1992), the participants demonstrated the lack of consensus on the pronunciation of "v.",using different pronunciations. Solicitor GeneralKen Starreven managed to use all three of the most common American pronunciations interchangeably:[9]

This is the process of analysis that is quite familiar to the Court, very lengthily laid out by Justice Harlan in his dissent in PoeversusUllman, and then adumbrated in his concurring opinion in GriswoldagainstConnecticut.... Well, I think that that is the necessary consequence of RoeveeWade.

Australia

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Legal citation in Australia generally mirrors the methods of citation used inEngland.A widely used guide to Australian legal citation is theAustralian Guide to Legal Citation,commonly known as AGLC, published jointly by theMelbourne University Law Reviewand theMelbourne Journal of International Law.

The standard case citation format inAustraliais:

Style of cause (year of decision) [year of report] volume report (series) page
Mabo v Queensland (No 2) (1992) 175 CLR 1.

As inCanada,there has been divergence among citation styles. There exist commercial citation guides published by Butterworths and other legal publishing companies, academic citation styles and court citation styles. Each court in Australia may cite the same case slightly differently. There is presently a movement in convergence to the comprehensive academic citation style of theAustralian Guide to Legal Citationpublished jointly by theMelbourne University Law Reviewand theMelbourne Journal of International Law.

Reports

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Abbreviation Report Years
AAR Administrative Appeals Reports
ALJR Australian Law Journal Reports
ALR Australian Law Reports 1983 –
CLR Commonwealth Law Reports 1903 –
FLC Family Law Cases
FLR Federal Law Reports
NSWLR New South Wales Law Reports
Qd R Queensland Reports
SASR South Australian State Reports
VR Victorian Reports
WAR Western Australian Reports 1899–

Neutral citation

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Australian courts and tribunals have now adopted a neutral citation standard for case law. The format provides a naming system that does not depend on the publication of the case in a law report. Most cases are now published on AustLII using neutral citations.[10]

The standard format looks like this:

Year of decision Court identifier Ordinal number
[2005] HCA 1

So the above-mentionedMabocase would then be cited like this:Mabo v Queensland (No 2)[1992] HCA 23.

There is a unique court identifier code for most courts. The court and tribunal identifiers include:

Court Identifier Court
HCA High Court of Australia
FCA Federal Court of Australia
FCAFC Federal Court of Australia – Full Court (appeals bench)
FamCA Family Court of Australia
FCCA Federal Circuit Court of Australia(formerly Federal Magistrates Court of Australia)
FMCA Federal Magistrates Court of Australia
FMCAfam Federal Magistrates Court of Australia,family lawdecisions
AAT Administrative Appeals Tribunal(federal)
NSWSC Supreme Court of New South Wales
NSWCA New South Wales Court of Appeal
NSWCCA New South Wales Court of Criminal Appeal
NSWDC District Court of New South Wales
WASC Supreme Court of Western Australia
VSC Supreme Court of Victoria
VCC County Court of Victoria
VMC Magistrates' Court of Victoria
ACTSC Supreme Court of the Australian Capital Territory
ACTMC Magistrates Court of the Australian Capital Territory

References

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Canada

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There are a number of citation standards in Canada. Many legal publishing companies and schools have their own standard for citation. Since the late 1990s, however, much of the legal community has converged to a single standard—formulated inThe Canadian Guide to Uniform Legal Citation / Manuel canadien de la référence juridique,[11]commonly known as the "McGill Guide"after theMcGill Law Journal,which first published it. The following format reflects this standard:

Hunter v Southam,[1984] 2 SCR 145.

Broken into its component parts, the format is:

Style of cause (year of decision), [year of report] volume report (series) page jurisdiction/court.
R v Big M Drug Mart Ltd, [1985] 1 SCR 295.
R v Oakes, [1986] 1 SCR 103.
Re Canada Trust Co and OHRC (1990), 69 DLR (4th) 321 (Ont CA).

TheStyle of Causeis italicized as in all other countries and the party names are separated byv(English) orc(French). Prior to 1984 the appellant party would always be named first. However, since then case names do not switch order when the case is appealed.[12]

Undisclosed parties to a case are represented by initials (e.g.,R v RDS). Criminal cases are prosecuted by the Crown, which is always represented byRforRegina(queen) orRex(king).Reference questions(advisory opinions) are always entitledReference refollowed by the subject title.

If the year of decision is the same as the year of the report and the date is a part of the reporter's citation, then the date need not be listed after thestyle of cause.If the date of the decision is different from the year of the report, then both should be shown.

Where available, cases should be cited with their neutral citation immediately after thestyle of causeand preceding the print citation. For example,

Chaoulli v Quebec (Attorney General),2005 SCC 35, [2005] 1 SCR 791.

This format was adopted as the standard in 2006, in the sixth edition of the McGill Guide. Prior to this format, the opposite order of parallel citation was used.

The seventh edition of the McGill Guide, published 2010-08-20, removes most full stop/period ( "." ) characters from the citations, e.g., a citation to the Supreme Court Reports that previously would have been [2005] 1 S.C.R. 791, is now [2005] 1 SCR 791. Most full stops are also removed from styles of cause. The seventh edition also further highlights the significance of neutral citations (i.e., tribunal-assigned citations that are publisher-independent).

Reports

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Abbreviation Report Years
Admin LR Administrative Law Reports 1983–1991
Admin LR (2d) Administrative Law Reports (second series) 1992–1998
Admin LR (3d) Administrative Law Reports (third series) 1999–
ANWTYTR Alberta, Northwest Territories & Yukon Tax Reporter 1973–
ACWS All Canada Weekly Summaries 1970–1979
ACWS (2d) All Canada Weekly Summaries (second series) 1980–1986
AR Alberta Reports 1976–
CCLT (2d) Canadian Cases on the Law of Torts
DLR Dominion Law Reports
DLR (2d) Dominion Law Reports (second series)
DLR (3d) Dominion Law Reports (third series) –1984
DLR (4th) Dominion Law Reports (fourth series) 1984–
FCR Federal Court Reports 1971–
NBR (2d) New Brunswick Reports 1969–
NR National Reporter
NSR (2d) Nova Scotia Reports 1969–
OR (3d) Ontario Reports 1986–
SCR Supreme Court Reports 1970–
WWR Western Weekly Reports 1911–1950, 1971–
WWR(NS) Western Weekly Reports (New Series) 1950–1971

Neutral citation

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In 1999 theCanadian Judicial Counciladopted a neutral citation standard for case law.[13]The format provides a naming system that does not depend on the publication of the case in a law report.

The standard format looks like this:

Year of decision Court identifier Ordinal number
2000 SCC 1

Court identifiers

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There is a unique court identifier code for most courts.

Court Identifier Court from year
SCC Supreme Court of Canada 2000
FCT Federal Court of Canada– Trial Division 2001
FCA Federal Court of Canada – Appeal Division 2001
TCC Tax Court of Canada 2003
CMAC Court Martial Appeal Court 2004
CM Court Martial Court of Canada 2004
Comp Trib Competition Tribunal of Canada
BCCA British Columbia Court of Appeal 1999
BCSC Supreme Court of British Columbia 2000
BCPC Provincial Court of British Columbia
BCHRT British Columbia Human Rights Tribunal
BCSECCOM British Columbia Securities Commission
ABCA Alberta Court of Appeal 2004
ABQB Alberta Court of Queen's Bench 2004
ONCA Ontario Court of Appeal 2007
ONSC Ontario Superior Court of Justice 2010
QCCA Quebec Court of Appeal 2005
QCCS Quebec Superior Court 2006

Denmark

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Denmark has no official standard or style guide governing case citation. However, most case citations include the same elements.

Published decisions

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Citations of decisions published in areporterusually consist of thename or abbreviation of the reporter,theyear or volume,thepage numberwhere the decision begin (sometimes followed by anidentifying numberif more than one judgment is on a page), as well as thename or abbreviation of the court which decided the case.As an example, the "Aalborg Kloster-judgment", a precedent-settingSupreme Courtjudgment regardingstrict liability,is published inUgeskrift for Retsvæsenvolume 1968 as the second judgment on page 84. A citation of this case could take the formU.1968.84/2H,UfR 1968 84/2 H,Ugeskrift for Retsvæsen 1968, p. 84/2,or something similar. In this caseU,UfRandUgeskrift for Retsvæsenidentify the reporter,1968identifies the year or volume,84identifies the starting page,/2indicates that the judgment is the second one on that particular page, andHidentifies the court which decided the case.

Certain reporters, such as Tidsskrift for Skatter og Afgifter, do not identify published decisions by page number, but by aserial number.Citations to these reporters use the serial number in place of a page number.

Unpublished decisions

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If a decision has not been published in a reporter, more identifying information is needed. Generally, citations to unreported cases involve thename of the court,thedate of the decisionand thecase numberassigned by the court. For example: Sø- og Handelsrettens dom af 3. maj 2018 i sag nr. V-17-17 (TheMaritime and Commercial Court's judgment of May 3 in case no. V-17-17). Certain authors format these citations to mimic the "short citation" of published cases.

Neutral citations and the ECLI

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TheDanish Court Administrationis currently working on a public database which will make all judgments available to the public (currently only the Supreme Court as well as the Maritime and Commercial Court do this). The database is expected to implement theEuropean Case Law Identifier,which will make uniform, neutral citations of decisions possible.

Reporters

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Abbreviation(s) Full name Translated title Topic area
U, UfR Ugeskrift for Retsvæsen Weekly Reporter of the Judiciary (translated varyingly as "the Danish Weekly Law Reports", "the Weekly Law Journal", and "the Weekly Law Review" by theEuropean Court of Human Rights) The most broad of the reporters. Publishes all decisions of the Supreme Court, principal decisions from the High Courts and, in special cases, decisions from municipal courts or other bodies, regardless of topic area.
FED Forsikrings- og Erstatningsretlig Domssamling Reporter of Insurance and Tort Law Publishes decisions from the courts and the Insurance Complaints Board relevant to the areas ofinsuranceandtort law.
FM Fuldmægtigen The Agent Publishes decisions relevant to the areas ofenforcement,probate,andbankruptcy lawas well as registration of property andcivil procedure.
KFE Kendelser om Fast Ejendom Orders regarding Real Estate Publishes decisions from administrative and arbitration bodies relevant to the areas ofreal estateandland law.
MAD Miljøretlige Afgørelser og Domme Decisions and Judgments in Environmental Law Publishes decisions from courts and administrative bodies, both national and international, relevant to the area ofenvironmental law.
TBB, T:BB Tidsskrift for Bolig- og Byggeret Reporter of Housing and Construction Law Publishes decisions from the courts as well as principal decisions from arbitration bodies relevant to the area ofhousingandconstruction.
TFA Tidsskrift for Familie- og Arveret Reporter of Family- and Inheritance Law Publishes decisions from the courts and administrative bodies relevant to the area offamilyandinheritance law.
TfK Tidsskrift for Kriminalret Reporter of Criminal Law Publishes decisions from the High Courts and the Special Court of Indictment and Revision relevant to the areas ofcriminal lawandcriminal procedure.Also publishes summaries of criminal law and criminal procedure cases published in Ugeskrift for Retsvæsen.
TfL Tidsskrift for Landbrugsret Reporter of Agricultural Law Publishes decisions relevant to the area ofagricultural law.
TfS Tidsskrift for Skatter og Afgifter Reporter of Taxes and Fees Reports decisions and new legislation in the area oftax law.

References

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  • Andersen, Mads Bryde (2017)."Ugeskrift for Retsvæsen gennem 150 år".Ugeskrift for Retsvæsen B:7.
  • Biao v. Denmark,no. 38590/10, § 26
  • Christensen v. Denmark,no. 247/07, § 59
  • FT2015-16, appendix A (L 22 as submitted), pp. 9–10
  • Jersild v. Denmark,no. 15890/89, § 18
  • Madsen, Lars Henrik Gam (2018)."Retsdogmatisk forskning 2018"(PDF).pp. 11–12.

Germany

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In Germany there are two types of citation: the full citation of a case and its shortened form. In e.g. scientific articles, the full citation of a particular case is only used at its first occurrence; after that, its shortened form is used. In most law journals, the articles themselves only use the shortened form; the full citations for all articles sometimes are summarized at the beginning of that journals edition.

A third type (yet not too widely spread) is the citation by using theEuropean Case Law Identifier,a ″neutral″ citation system introduced by theCouncil of the European Unionin 2011, which Germany is participating in.

Federal Constitutional Court

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The most important cases of theFederal Constitutional Courtare published by the court in its official collection. This collection is abbreviatedBVerfGE,whereasBVerfGis short forBundesverfassungsgericht,the German court name, andEstands forEntscheidung(decision).

Starting in 2004, the court also publishes the BVerfGK collection, containing decisions made only by aKammer,a specific panel of the court.

The so-calledVolkszählungsurteil[de]for example could be cited

BVerfGE 65, 1 (43), Urteil des Ersten Senats vom 15. Dezember 1983 auf die mündliche Verhandlung vom 18. und 19. Oktober 1983, Az. 1 BvR 209, 269, 362, 420, 440, 484/83.

in full and

BVerfGE 65, 1 (43).

in short.

Official collection Volume Page of beginning Page cited More detailed information and date Case number
BVerfGE 65, 1 (43), Urteil des Ersten Senats
vom 15. Dezember 1983
[in case of a hearing:] auf die mündliche Verhandlung vom 18. und 19. Oktober 1983,
Az. 1 BvR 209, 269, 362, 420, 440, 484/83

For the meaning of the different case numbers of the BVerfG seethe German article.

If decisions are not yet published by the court, or will not be published at all, law journals can be cited, e.g.,

BVerfG, NJW 2009, 1234 (1235 f.).

WhereNJWstands for the law journalNeue Juristische Wochenschrift,2009 is the year, 1234 the page of the beginning and 1235 the cited page(s) – "f." stands for "seq.". In general, citations of the official collections are preferred.

Federal Court of Justice

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TheFederal Court of Justice(Bundesgerichtshof,short BGH) publishes the official collectionsBGHSt[de]for itscriminal lawdecisions andBGHZ[de]for those inprivate law.

TheKatzenkönigfall[de]e.g. would be cited

BGHSt 35, 347 ff., Urteil des 4. Strafsenats vom 15. September 1988, Az. 4 StR 352/88.

in full and

BGHSt 35, 347 ff.

in short (in this example, the page cited is not specifically page 347 but that and those which follow, as indicated by the abbreviation "ff." ).

Other federal courts

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The official collection of theFederal Social Court(Bundessozialgericht,BSG) is abbreviatedBSGE[de].

The official collection of theFederal Fiscal Court(Bundesfinanzhof,BFH) isBFHE[de].

The official collection of theFederal Labour Court(Bundesarbeitsgericht,BAG) isBAGE[de].

The official collection of theFederal Administrative Court(Bundesverwaltungsgericht,BVerwG) isBVerwGE[de].

Other courts

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For other courts, generally the same rules apply, though most do not publish an official collection, so they must be cited from a law journal.

European Case Law Identifier

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According to theECLIsystem theVolkszählungsurteilwould be cited as

ECLI:DE:BVerfG:1983:rs19831215.1bvr020983

and theKatzenkönigfallas

ECLI:DE:BGH:1988:150988U4STR352.88.0

India

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India's vast federated judicial system admits to a large number of reporters, each with their own style of citation. There are over 200 law reports in India – subject-wise and state (province)-wise, authorized and unauthorized.

Supreme Court of India

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The official reporter for Supreme Court decisions is the Supreme Court Reports. These reports however lag behind other journals in the speed of reporting. While decisions themselves are uploaded by the Supreme Court itself onwww.courtnic.nic.in,the edited versions with headnotes in the official reporter take years to compile. However, some reporters have been authorised to publish the Court's decisions. TheAll India Reporter(AIR) is an old and respected reporter that, in addition to the Supreme Court, also reports decisions of the various State High Courts. Other popular reporters includeSupreme Court Cases,which has become the most cited report in the Supreme Court, theSupreme Court Almanac,andJudgements Today.

TheAll India Reporter

Sebastian Hongray v. Union of India:

  • AIR 1984 SC 571 – "AIR" refers to theAll India Reporter,"1984" is the year of judgement (AIR does not use a volume-based classification), "SC" refers to the Supreme Court of India, and "571" is the first page number of the report within the volume;
  • (1984) 1 SCC 339 – "1984" is the year of publication, "1" is the volume number of the reporter, "SCC" stands forSupreme Court Cases(the name of the reporter), and "339" is the first page number of the report within the volume; and
  • 1984 Cri LJ 289 (SC) – "1984" is the year of publication, "Cri LJ" is an abbreviation for theCriminal Law Journal(the name of the reporter), and "289" is the first page number of the report within the volume. The "SC" in parentheses indicates that the case was heard by the Supreme Court.

A citation of the "Supreme Court Almanac":

A citation in "Judgements Today":

The "Supreme Court Cases (SCC)" published supplementary reports for a few years in the early 1990s. Those citations looked like this:

The SCC also have a separate series of subject-based reporting of the decisions of the Supreme Court:

National Judicial Reference System (NJRS)

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National Judicial Reference System (NJRS) is a project started by the Income-tax Department, Government of India. It has been envisaged as a tool to achieve efficiency in the tax litigation process of Income Tax Department (ITD). Within this project the Judicial Research & Reference System (JRRS) – JRRS is a repository of judicial orders as a single, indexed, searchable, cross-linked, database of Judgments / orders of ITAT, Authority of Advance Ruling (AAR), HC and SC.

The Citation nomenclature followed withinNJRS:

This Citation further allows to add the Authority where the judgment / order was pronounced.

New Zealand

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The standard case citation format in New Zealand is:

Style of cause (year of decision) [year of reporter] volume reporter page
Taylor v New Zealand Poultry Board [1984] 1 NZLR 394
R v Howse (2005) 21 CRNZ 823

Several leading law reviews in New Zealand have also adopted theAustralian Guide to Legal Citation(AGLC) such as theCanterburyLaw Review.The AGLC style is also rather similar to citation style in New Zealand.

Reporters

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Abbreviation Reporter Years
NZLR New Zealand Law Reports 1881 –
CRNZ Criminal Reports of New Zealand 1983 –
NZBORR New Zealand Bill of Rights Reports
NZAR New Zealand Administrative Reports 1976–
NZFLR New Zealand Family Law Reports 1981–
DCR District Court Reports 1981–

Additionally, a number of other report series exist for specialist areas such as Family, Employment and Tax Law.[citation needed]

Neutral citation

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New Zealand courts and tribunals have begun to adopt a neutral citation standard for case law. The format provides a naming system that does not depend on the publication of the case in a law report.

The standard format looks like this:

Year of decision Court identifier Ordinal number
[2005] NZSC 1

There is a unique court identifier for each court or tribunal. These identifiers are:

Court Identifier Court Years
NZSC Supreme Court of New Zealand 2005–
NZCA New Zealand Court of Appeal 2007–
NZHC High Court of New Zealand 2012–
NZDC District Court of New Zealand
NZEmpC Employment Court of New Zealand 2010–
NZEnvC Environment Court of New Zealand 2010–
NZFC Family Court of New Zealand 2012–

Where both a neutral citation and a reporter citation exist, the neutral citation should come first e.g.R v AM[2010] NZCA 114, [2010] 2 NZLR 750

Norway

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The Norwegian standard case citation format for published court decisions is:

Rt. 1952 s. 989(Telefonsjikanedommen)

where:

  • Rt.identifies the report series.
    • Allsupreme court judgmentsare published in Retstidende (Court Times), abbreviated Rt.
    • Many judgments and decisions from lower courts are published in Rettens gang (RG).
  • 1952is the year of reporter
  • s.is the Norwegian abbreviation for page. This is optional.
  • 989is the first page number of the decision in the reporter.
  • Finally, one can add the popular name of the decision. It is unusual to refer to name of the plaintiff(s) and defendant(s), but often there is an unofficial name.Telefonsjikanedommenrefers to a 1952 case where the Supreme Court ruled that telephone harassment ( "telefonsjikane" ) was not illegal under the current criminal code.

Philippines

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Despite the long-standingcivil lawtradition in the Philippines, reliance on judicial precedents has become indispensable since the period of American rule.Supreme Courtdecisions are expressly recognized as part of the internal law, and are thus frequently cited in court decisions and legal pleadings. Though there is only one Supreme Court in the Philippines, the citation of its decisions varies, depending on which reporter of a case is relied on by the person citing that case.

Supreme Court

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Philippine Reports

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ThePhilippine Reportsis the official reporter of decisions of theSupreme Court of the Philippines.[14]The standard format for citation of thePhilippine Reportsis:

Disini v. Secretary of Justice,727 Phil. 28 (2014)

where:

  • Disini v. Secretary of Justiceis the name of the case
  • 727is the volume number of thePhilippine Reportswhere the case may be found
  • Phil.is the standard abbreviation ofPhilippine Reports
  • 28is the page number in thePhilippine Reportsthat contains the beginning of the decision. If this number is followed by a comma then another page number (i.e.,727 Phil. 28, 30), the latter number indicates the particular page where the annotated text can be found
  • (2014)is the year the case was decided.

As of present,[when?]Philippine cases are contained in quarterly issues.

Supreme Court Reports Annotated

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In the last few decades,[when?]thePhilippine Reportshas suffered from production problems, resulting in long delays in publication, as well as significant gaps within its published series. As a result, the privately publishedSupreme Court Reports Annotated(published by Central Professional Books, Inc.) has become more widely used than thePhilippine Reports,even by the courts. The proper format for citation of theSupreme Court Reports Annotatedis:

Neri v. Senate,G.R. No. 180643, 25 March 2008, 549 SCRA 77

where:

  • Neri v. Senateis the name of the case
  • G.R. No. 180643is the case docket number originally assigned by the Supreme Court at the time the action was filed with the Court (G.R. stands for General Register)[15][16]
  • 25 March 2008is the exact date the decision of this case was promulgated
  • 549is the volume number of theSupreme Court Reports Annotatedwhere the case may be found
  • SCRAis the standard abbreviation ofSupreme Court Reports Annotated
  • 77is the page number in theSupreme Court Reports Annotatedthat contains the beginning of the decision. If this number is followed by a comma then another page number (i.e.,549 SCRA 77, 79), the latter number indicates the particular page where the annotated text can be found

When citing cases not yet reported in the SCRA orPhilippine Reports,the above citation without reference to the SCRA is preferred (i.e.,Neri v. Senate,G.R. No. 180643, 25 March 2008).

Lower court decisions

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As there are no official or unofficial reporters that regularly publish decisions of theCourt of Appealsand other lower courts, citation of their decisions hews to the same format as cases not reported either in the Philippine Reports or the SCRA. Thus: (case name), (docket number), (date of promulgation of decision). For the Court of Appeals, docket numbers begin as CA-G.R. No., followed by either CR for criminal, CV for civil, and SP for the "Special Cases Section".[17]

South Africa

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Abbreviation Reporter Years
AD South African Law Reports, Appellate Division 1910 – 1946
All SA All South African Law Reports 1996 –
BCLR Butterworths Constitutional Law Reports 1994 –
BLLR Butterworths Labour Law Reports 1994 –
ILJ Industrial Law Journal[note 1] 1980 –
JOL Judgments Online 1997 –
PH Prentice Hall Weekly Legal Service 1923 – 1995
SA[note 2] South African Law Reports 1947 –
SACR South African Criminal Law Reports 1990 –
SALLR South African Labour Law Reports 1991 –

Cape

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Abbreviation Reporter Years
CPD South African Law Reports, Cape Provincial Division 1910 – 1946
CTR Cape Times Law Reports 1891 – 1910
SC Supreme Court Reports 1880 – 1910

Eastern Districts

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Abbreviation Reporter Years
EDC Eastern Districts Court Reports 1880 – 1909
EDL South African Law Reports, Eastern Districts Local Division 1910 – 1946

Griqualand

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Abbreviation Reporter Years
HCG High Court of Griqualand Reports 1882 – 1910
GWL South African Law Reports, Griqualand West Local Division[note 3] 1910 – 1946

Natal

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Abbreviation Reporter Years
NLR Natal Law Reports (New Series)[18] 1879 – 1932
NPD South African Law Reports, Natal Provincial Division 1933 – 1946

Orange

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Abbreviation Reporter Years
ORC Orange River Colony Law Reports 1903 – 1910
OPD South African Law Reports, Orange Free State Provincial Division 1910 – 1946

Transvaal

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Abbreviation Reporter Years
TS[note 4] Transvaal Law Reports, Supreme Court 1902 – 1910
TH[note 5] Transvaal Law Reports, High Court 1902 – 1910
TPD South African Law Reports, Transvaal Provincial Division 1910 – 1946
WLD South African Law Reports, Witwatersrand Local Division 1910 – 1946

Switzerland

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Citations vary by court and by language. Cases of theSwiss Federal Supreme Courtare cited as follows:[19]

Officially published cases are cited asBGE 133 II 292 [E. 3.2 S. 296](German:Bundesgerichtsentscheide) orATF 133 II 292 [consid. 3.2 p. 296](French:arrêts du tribunal fédéral). In this example, 133 is the annual issue of the court reports, II the part indicating the division of the Court, and 292 the page on which the decision begins. Optionally, "E. 3.2" and "S. 296" are the section and page specifically cited.

Supreme Court decisions not selected for official publication are cited asUrteil [des Bundesgerichts] 5C.260/2006 vom 30. März 2007orarrêt [du Tribunal fédéral] 5C.260/2006 du 30 mars 2007respectively. In this example, 5C is the division of the Court, 260 the case number and 2006 the year in which the case was opened.

The citation style for cases of the inferiorfederal courts of Switzerlandis similar.

United Kingdom

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Neutral citation

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Since 2001, judgments in the House of Lords, Privy Council, Court of Appeal and Administrative Court have been issued with neutral citations. This system was extended to other parts of the High Court in 2002. Judgments with neutral citations are freely available on the British and Irish Legal Information Institute website (www.bailii.org).

Neutral citations identify judgments independently of any series of reports, and cite only parties, year of judgment, court and case number. For example,Rottman v MPC[2002] UKHL 20 identifies the 20th judgment in 2002 in the UK House of Lords. UKHL stands for UK House of Lords. EWHC and EWCA identify the England and Wales High Court and Court of Appeal respectively. These abbreviations are generally followed by an abbreviation indicating the court or division (e.g. Admin, Ch, Crim, Pat).

How to cite a case

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If a neutral citation is available for a judgment, it should immediately follow the party names. If the judgment has also been reported in a law reports series, follow the neutral citation with thebest report,which is usually from the official Law Reports series (Appeals Cases – AC, Chancery – Ch, Family – Fam, Queen's Bench – QB etc.).

The case ofRottman v MPCwas reported in the Appeals Cases, so the citation should be:

  • Rottman v MPC[2002] UKHL 20, [2002] 2 AC 692.

This means that a report of the case and the judgment can be found in the 2002 volumes, vol 2, of the Law Reports series called Appeals Cases, beginning at page 692.

To cite a particular paragraph from the judgment, add the paragraph number in square brackets at the end of the citation:

  • Rottman v MPC[2002] UKHL 20, [2002] 2 AC 692 [58].

If a case is not reported in the Law Reports, the next best report is the Weekly Law Reports (e.g. [2002] 2 WLR 1315), and then the All England Reports (e.g., [2002] 2 All ER 865). In some situations, it might be preferable to cite a specialist series, e.g.,Rottman v MPCwas also cited in the Human Rights Law Reports, at [2002] HRLR 32.

For cases before 2001, cite the best report. If referring to a particular page of the judgment, give that page number after the page number on which the report begins. The following citation refers to page 573 of theDonoghue v Stevensonjudgment:

England and Wales

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The standard case citation format inEngland and Walesis:

Style of cause (year of decision), [year of report] volume report (series) page jurisdiction/court
Donoghue v Stevenson [1932] AC 562 (HL).
R v Dudley and Stephens (1884) 14 QBD 273.

InEngland and Walesas with certain Commonwealth countries, the abbreviation "R" forrex(king) orregina(queen), is used for cases in which the state is a party (typically criminal cases orjudicial reviewcases). If theAttorney General for England and Walesor theDirector of Public Prosecutions (England and Wales)prosecute the case, the abbreviation "AG" or "DPP" will be used instead of "R"

Square brackets"[ ]" are used when the year is essential to locating the report (e.g., the official law reports either—as withDonoghue v Stevenson,above—do not have volume numbers or, if there are multiple volumes in a single year, they are numbered 1, 2, etc.).Round brackets"( )" are used when the year is not essential but is useful for information purposes, e.g., in reports that have a cumulative volume number such asR v Dudley and Stephens,above.

Law reports

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The term "reporter", meaning a law report or a series of them, is not widely used in England and Wales. Before 1865, English courts used a large number of privately printed reports, and cases were cited based on which report they appeared in. (This system was also used in the United States and other common law jurisdictions during that period.)

Two main unofficial law reports report all areas of law: theWeekly Law Reports(WLR) and theAll England Reports(All ER). In addition, a number of unofficial specialist law reports focus on particular areas, e.g.,Entertainment and Media Law Reports(EMLR) or theCriminal Appeal Reports(Cr App R).

For the citation of "The Law Reports" of the Incorporated Council of Law Reporting, seeLaw Reports.These have been published since 1865. They have always been split into a number of different series, the current series being the Appeal Cases (AC), Chancery (Ch), Family (Fam), and Queen's Bench (QB) (or King's Bench—KB—depending on the monarch of the time). These four series are cited in preference to all others in court.

The table below is an incomplete list of law reports other than "The Law Reports", nominate reports and reprints.

Abbreviation Law Report years
All ER TheAll England Law Reports 1936 –
BCLC Butterworths Company Law Cases 1983 –
BHRC Butterworths Human Rights Cases 1996 –
BMLR Butterworths Medico-Legal Reports ???? –
Con LR Construction Law Reports 1985 –
Cox CC[note 6] Cox's Criminal Cases 1843–1941
Cr App R Criminal Appeal Reports 1908 –[20]
Cr App R (S) Criminal Appeal Reports (Sentencing) 1979 –[20]
Crim LR The Criminal Law Review[note 7]
ECHR European Court of Human Rights Cases 1960 –
EGLR Estates GazetteLaw Reports 1975 –
FCR Family Court Reports 1987 –
FLR Family Law Reports 1864 –
GCCR Goode Consumer Credit Reports 1882 –
The Independent The Independent[note 8]
IRLR Industrial Relations Law Reports 1972 –
IP & T Butterworths Intellectual Property and Technology Cases 1999 –
JP Justice of the Peace Law Reports 2003 –
ITLR International Tax Law Reports 1998 –
Lloyd's Rep Lloyd's Law Reports 1919 –
LGR Butterworths Local Government Reports 1997 –
LRC Law Reports of the Commonwealth 1985[21]
LT The Law Times Reports 1859 – 1947[22]
LT (OS) The Law Times Reports, Old Series 1843 – 1859[22]
OPLR Occupational Pensions Law Reports 1992 –
PLR Estates Gazette Planning Law Reports 1988 –
RPC Reports of Patent Cases 1939 –
SJ[note 9] The Solicitors' Journal 1856 -[22]
STC Simon's Tax Cases 1973 –
TC Official Tax Case Reports 1883 –
The Times The Times[note 10]
TLR The Times Law Reports 1885 – 1952[22]
WLR TheWeekly Law Reports 1953 –
WN Weekly Notes 1866 – 1952[23]

The table below is a list of series that are reprints of earlier reports.

Abbreviation Law Report years
ER TheEnglish Reports 1220–1866
RR TheRevised Reports
All ER Rep TheAll England Law Reports Reprint

For nominate reports, seeNominate reports.

Scotland

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The standard case citation formats inScotlandare:

Name of parties Year of decision, Year of report Volume Series Court Page
HM Advocate v Megrahi, 2000 JC 555
McFarlane v Tayside Health Board, 2000 SC (HL) 1
Forbes v Underwood, (1886) 13 R (or 'Rettie') 465
Smith v Brown, [2005] CSIH 1

The Supreme Court has issued a practice note on the use of neutral citation. TheScots Law Timesis cited as "SLT".[24]

United States

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The standard case citation format in the United States is:

Roe v. Wade,410 U.S. 113 (1973)

where:

  • Roe v. Wadeis the abbreviated name of the case. Generally, the first name (here,Roe) is the surname of theplaintiff,who is the party who filed the suit for an original case, or theappellant,the party appealing in a case being appealed from a lower court, or thepetitionerwhen litigating in thehigh courtof a jurisdiction; and the second name (here,Wade) is the surname of thedefendant,the party responding to the suit, or theappellee,the party responding to the appeal, or therespondent,when defending in the high court of the jurisdiction. Litigants are generally referred to by their last name (when they are natural persons), and a case is generally referred to by the first named litigant on each side of the case. In this example,Roerefers to "Jane Roe,"a pseudonym commonly used when it is appropriate to keep the identity of a litigant out of the public spotlight, andWaderefers toHenry Wade,theDallas CountyDistrict Attorney at the time.
  • 410 is the volume number of the "reporter"that reported the Court's written opinion in the case titledRoe v. Wade.
  • U.S. is the abbreviation of the reporter, or printed book of court opinions. Here, "U.S." stands forUnited States Reports.
  • 113 is the page number (in volume 410 ofUnited States Reports) where the opinion begins.
  • 1973 is the year when the court rendered its decision.
  • The abbreviated name of the court is included inside the parenthesis before the year if the name of the court is not obvious from the reporter. This rule comes into play because certain reporters, such as members of the WestNational Reporter System,publish opinions originating from multiple courts. In this example, the name of the court (United States Supreme Court) is obvious (since only decisions of the U.S. Supreme Court are published inUnited States Reports) and is thus omitted as a matter of convention.

Case citations are used to find a particular case, both when looking up a case in a printed reporter and when accessing it via the Internet or services such as LexisNexis or Westlaw.

This format also allows different cases with the same parties to be easily differentiated. For example, looking for theU.S. Supreme Courtcase ofMiller v. Californiawould yield four cases, some involving different people named Miller, and each involving different issues.

Supreme Court of the United States

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Cases from theSupreme Court of the United Statesare officially printed in theUnited States Reports.A citation to theUnited States Reportslooks like this:

Many court decisions are published in more than one reporter. A citation to two or more reporters for a given court decision is called a "parallel citation".[25]For U.S. Supreme Court decisions, there are several unofficial reporters, including theSupreme Court Reporter(abbreviated S. Ct.) andUnited States Supreme Court Reports, Lawyers' Edition(commonly known simply asLawyers' Edition) (abbreviated L. Ed.), which are printed by private companies and provide further annotations to the opinions of the Court. Although a citation to the latter two is not required, some attorneys and legal writers prefer to cite all three case reporters at once:

The "2d" after the L. Ed. signifies the second series of theLawyers' Edition.United States case reporters are sequentially numbered, but the volume number is never higher than 999. When the 1,000th volume is reached (the threshold in earlier years was lower), the volume number is reset to 1 and a "2d" is appended after the reporter's abbreviation. Some case reporters are in their third series, and a few are approaching their fourth.

Some very old Supreme Court cases have odd-looking citations, such asMarbury v. Madison,5 U.S. (1 Cranch) 137 (1803). The "(1 Cranch)" refers to the fact that, before there was a reporter series known as theUnited States Reportscompiled by the Supreme Court'sReporter of Decisions,cases were gathered, bound together, and sold privately by the Court's Reporter of Decisions. In this example,Marburywas first reported in an edition byWilliam Cranch,who was responsible for publishing Supreme Court reports from 1801 to 1815. Such reports, named for the individual who gathered them and hence called "nominative reports",existed from 1790 to 1874. Beginning in 1874, the U.S. government created theUnited States Reports,and at the same time simultaneously numbered the volumes previously published privately as part of a single series and began numbering sequentially from that point. In this way, "5 U.S. (1 Cranch)" means that it is the 5th overall volume of theUnited States Reportsseries, but the first that was originally published byWilliam Cranch;four volumes of opinions prior to that were (for example) published byAlexander Dallas(for example, "4 U.S. (4 Dall.)" ), and after Cranch's 9 volumes, 12 more were published byHenry Wheaton(e.g., "15 U.S. (2 Wheat.)" ). See theSupreme Court of the United States Reporter of Decisionsfor other edition names. The name of the reporter of decisions has not been used in citations since the U.S. government began printing theUnited States Reports.

When a case has been decided, but not yet published in the case reporter, the citation may note the volume but leave blank the page of the case reporter until it is determined. For example,Golan v. Holder,565 U.S. 302 (2012) was properly cited asGolan v. Holder,565 U.S. ___ (2012)before publication.

In the caption of a Supreme Court case, the first name listed is the name of the petitioning (appealing) party, followed by the party responding (respondent) to the appeal. In most cases, the appealing party was the losing party in the prior court. This is no longer the practice used in cases in the federal courts of appeal, in which the original alignment of parties from the lower court is preserved.

Lower federal courts

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Map of the geographic boundaries of the various United States Courts of Appeals and United States District Courts

United States court of appealscases are published in theFederal Reporter(F., F.2d, or F.3d).United States district courtcases and cases from some specialized courts are published in theFederal Supplement(F. Supp., F. Supp. 2d, or F. Supp. 3d). Both series are published byThomson West;they are technically unofficial reporters, but have become widely accepted as thede facto"official" reporters of the lower federal courts because of the absence of a true official reporter. (Of the federal appeals and district courts, only one, theD.C. Circuit,has an official reporter,United States Court of Appeals Reports,and even that one is rarely used today.)[26]

When lower federal court opinions are cited, the citation includes the name of the court. This is placed in the parentheses immediately before the year. Some examples:

U.S. circuit and district court cases from 1789 to 1880 were reported inFederal Cases,abbreviated F. Cas. An example of the citation form is:Wheaton v. Peters,29 F. Cas. 862 (C.C.E.D. Pa. 1832) (No. 17,486).

State courts

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State court decisions are published in several places. Many states have their own official state reporters, which publish decisions of one or more of that state's courts. Reporters that publish decisions of a state's highest court are abbreviated using thetraditional abbreviationfor the state's name (i.e., not the postal abbreviation), regardless of what the actual title of the reporter is. Thus, the official reporter of decisions of theCalifornia Supreme Court(titledCalifornia Reports) is abbreviated "Cal." (or, for subsequent series, "Cal. 2d," "Cal. 3d", or "Cal. 4th" ).

  • Palsgraf v. Long Island Railroad Co.,248 N.Y. 339 (1928), a case in theNew York Court of Appeals,reported inNew York Reports.Note that the New York Court of Appeals is the highest court in New York. Because theNew York Reportsonly report opinions of the New York Court of Appeals, there is no need to repeat the court designation before the year.
  • Green v.Chicago TribuneCompany,286 Ill. App. 3d 1 (1996) – a case in theIllinois Appellate Court,reported inIllinois Appellate Court Reports.Note that, in contrast to New York, the Illinois Appellate Court is only theintermediate court of appealsin Illinois; decisions of theIllinois Supreme Courtare reported inIllinois Reports,abbreviated "Ill." (or "Ill. 2d" ). Because theIllinois Appellate Court Reportsare dedicated solely to reporting decisions of the Illinois Appellate Court, there is no need to repeat the court designation before the year.
  • Harte v. Hand,438 N.J. Super. 545 (Ch. Div. 2014). Note that although all published opinions of theNew Jersey Superior Courtare published in theNew Jersey Superior Court Reports,the organization of the Superior Court into three divisions (the Law Division, the Chancery Division, and theAppellate Division) means the citation must specify which division issued the opinion. This is especially salient as the Appellate Division hears appeals from the Law and Chancery Divisions, as occurred with the example case (a rehearing on remand ofHarte v. Hand,433 N.J. Super. 457 (App. Div. 2013)).
TheThomson WestNational Reporter System regions.

In addition to the official reporters,Thomson Westpublishes several series of "regional reporters" that cover several states each. These are theNorth Eastern Reporter,Atlantic Reporter,South Eastern Reporter,Southern Reporter,South Western Reporter,North Western Reporter,andPacific Reporter.California,Illinois,andNew Yorkalso each have their own line of Thomson West reporters, because of the large volume of cases generated in those states (titled, respectively,West's California Reporter,Illinois Decisions,andWest's New York Supplement). Some smaller states (likeSouth Dakota) have stopped publishing their own official reporters, and instead have certified the appropriate West regional reporter as their "official" reporter.

Here are some examples of how to cite West reporters:

  • Jackson v. Commonwealth,583 S.E.2d 780 (Va. Ct. App. 2003) – a case in theVirginia Court of Appeals(an intermediate appellate court) published in theSouth Eastern Reporter's 2nd series
  • Foxworth v. Maddox,137 So. 161 (Fla. 1931) – a case in theFlorida Supreme Courtpublished in theSouthern Reporter
  • People v. Brown,282 N.Y.S.2d 497 (N.Y. 1967) – a case in theNew York Court of Appeals(New York's highest court) published inWest's New York Supplement's 2nd series. The case also appears in West's regional reporter:People v. Brown,229 N.E.2d 192 (N.Y. 1967). Note, in both forms, that "N.Y." is placed in the parenthetical, because bothWest's New York Supplementand theNorth Eastern Reporterreport the opinions of more courts than only the New York Court of Appeals. A citation to the officially published reports,People v. Brown,20 N.Y.2d 238 (1967), however, does not require the court name in the parenthetical, because the officialNew York Reportsonly report opinions of the New York Court of Appeals.

Abbreviations for lower courts vary by state, as each state has its own system of trial courts and intermediate appellate courts. When a case appears in both an official reporter and a regional reporter, either citation can be used. Generally, citing to the regional reporter is preferred, since out-of-state attorneys are more likely to have access to these. Many lawyers prefer to include both citations. Some state courts require that parallel citations (in this case, citing to both the official reporter and an unofficial regional reporter) be used when citing cases from any court in that state's system.[citation needed]

Like the United States Supreme Court, some very old state case citations include an abbreviation of the name of either the private publisher or thereporter of decisions,a state-appointed officer who originally collected and published the cases. For example, inHall v. Bell,47 Mass. (6 Met.) 431 (1843), the citation is to volume 47 ofMassachusetts Reports,which, likeUnited States Reports,was started in the latter half of the 19th century and incorporated into the series a number of prior editions originally published privately, and began numbering from that point; "6 Met." refers to the 6th volume that had originally been published privately byTheron Metcalf.An example of a case cited to a reporter that has not been subsequently incorporated into an officially published series isPierson v. Post,3 Cai. 175 (N.Y. Sup. Ct. 1804), reported in volume 3 ofCaines' Reports,page 175, named forGeorge Caines,who had been appointed to report New York cases; the case was before the New York Supreme Court of Judicature (now defunct). Most states gave up this practice in the mid-to-late 19th century, butDelawarepersisted until 1920.

Some states, notablyCaliforniaandNew York,have their own citation systems that differ significantly from the various federal and national standards.[27]In California, the year is placedbetweenthe names of the parties and the reference to the case reporter; in New York, the year is wrapped inbracketsinstead ofparentheses,while California uses brackets for parenthetical explanations of a case's holding or relevance. Both New York and California styles wrap an entire citation in parentheses when used as a stand-alone sentence to support the preceding sentence, although New York places the terminating period outside the parentheses, whereas California places it inside. New York wraps just the reporter and page references in parentheses when the citation is used as a clause.[citation needed]

Either way, both state styles differ from the national/Bluebookstyle of simply dropping in the citation as a separate sentence without further adornment. Both systems use less punctuation and spacing in their reporter abbreviations.

For example, assuming that it is being placed as a stand-alone sentence, theBrowncase above would be cited (using the official reporter) to a New York court as:

  • (People v. Brown,20 NY2d 238 [1967]).

And, again, as a stand-alone sentence, the famousGreenmanproduct liabilitycase would be cited to a California court as:

  • (Greenman v. Yuba Power Products, Inc.(1963) 59 Cal.2d 57.)[28]

Unpublished decisions

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A growing number of court decisions are not published in case reporters. For example, only 7% of the opinions of the California intermediate courts (theCourts of Appeal) are published each year. This is mainly because judges certify only significant decisions for publication, due to the massive number of frivolous appeals flowing through the courts and the importance of avoidinginformation overload.[29]

It is also argued that this is in part because in many states, especially California, the legislature has failed to expand the judiciary to keep up with population growth (for various political and fiscal reasons). To deal with their crushing caseloads, many judges prefer to write shorter-than-normal opinions that dispose of minor issues in the case in a sentence or two. They avoid publishing such abbreviated opinions, however, so as not to risk creating badprecedents.[citation needed]

Attorneys have several options in citing "unpublished" decisions:

  • For cases that have not been published or put in an electronic database, or very recently decided cases that have notyetbeen published or put in an electronic database, a citation to the case's docket number before the court that decided it is required.
    • Groucho Marx Prods. v. Playboy Enters.,No. 77 Civ. 1782 (S.D.N.Y. Dec. 30, 1977) – a decision of theU.S. District Court for the Southern District of New York;the docket number and specific date allow a researcher to track down the printed copy maintained by the court if needed (legal citation forms strongly prefer citations to traditional printed resources).
  • Even though only some decisions of the U.S. Courts of Appeal are considered "published" (those appearing inFederal Reporter), Thomson West has recently started making available all decisions officially considered "unpublished" in a separate publication calledFederal Appendix(abbreviated "F. App'x" ).
  • Cases intentionally left officially unpublished are nonetheless often "published" on computer services, such asLexisNexisandWestlaw.These services have their own citation formats based on the year of the case, an abbreviation indicating the computer service (or a specific database of that computer service), and an identification number; citations to online databases also usually include the case'sdocketnumber and the specific date when it was decided (due to the preference for citation to traditional printed resources). Examples include:
    • Fuqua Homes, Inc. v. Beattie,No. 03-3587, 2004 WL 2495842 (8th Cir. Nov. 8, 2004) – a case found on the Westlaw electronic database, decided by theU.S. Court of Appeals for the Eighth Circuit;the citation includes the case's original docket number (No. 03-3587), and a citation to the electronic database that indicates the date of decision, the database (WL for Westlaw) and a unique serial number in that database (2495842).
    • Chavez v. Metro. Dist. Comm'n,No. 3:02CV458(MRK), 2004 U.S. Dist. LEXIS 11266 (D. Conn. June 1, 2004) – a case decided by theU.S. District Court for the District of Connecticut;the citation includes the case's original docket number (No. 3:02CV458(MRK)), the date of decision, the database (U.S. Dist. LEXIS, indicating the LexisNexis database for U.S. District Court cases), and a unique serial number in that database (11266).

Some court systems—such as theCaliforniastatecourt system—forbid attorneys to cite unpublished cases as precedent. Other systems allow citation of unpublished cases only under specific circumstances. For example, inKentucky,unpublished cases from that state's courts can only be cited if the case was decided after January 1, 2003, and "there is no published opinion that would adequately address the issue before the court". From 2004 to 2006, federal judges debated whether theFederal Rules of Appellate Procedure(FRAP) should be amended so that unpublished cases in all circuits could be cited as precedent. In 2006, the Supreme Court, over the objection of several hundred judges and lawyers, adopted a new Rule 32.1 of FRAP requiring that federal courts allow citation of unpublished cases. The rule took effect on January 1, 2007.

Vendor-neutral citations

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With the rise of the web, many courts placed new cases on websites. Some were published while others never lost their "unpublished" status. The major legal citation systems required cites to the officially published page numbers, in which publishers such asWest Publishingclaimed a copyright interest.

A vendor-neutral citation movement[30]led to provisions being made for citations to web-based cases and other legal materials. A few courts modified their rules to specifically take into account cases "published" on the web.

An example of a vendor-neutral citation:

Pinpoint citations

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In practice, most lawyers go one step farther, once they have developed the correct citation for a case using the rules discussed above. Most court opinions contain holdings on multiple issues, so lawyers need to cite to the page that contains the specific holding they wish to invoke in their own case. Such citations are known as pinpoint citations, "pin cites", or "jump cites".[25]

For example, inRoe v. Wade,the U.S. Supreme Court held that the word "person" as used in the Fourteenth Amendment does not include the unborn. That particular holding appears on page 158 of the volume in which theRoedecision was published. A full pin cite toRoefor that holding would be as follows:

And a parallel cite to all three U.S. Supreme Court reporters, combined with pin cites for all three, would produce:

  • Roe v. Wade,410 U.S. 113, 158, 93 S. Ct. 705, 729, 35 L. Ed. 2d 147, 180 (1973).

But in its opinions, the Court usually provides a direct pin cite only to the official reporter. The two unofficial reporters, when they reprint the Court's opinions, add on parallel cites to each other, but do not add pin cites. Therefore, a citation toRoe v. Wadein a later Supreme Court decision as viewed on Lexis or Westlaw would appear as follows:

  • Roe v. Wade,410 U.S. 113, 158, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).

Even then, such citations are still quite lengthy, and may look quite mysterious and intimidating to laypersons when they read court opinions. Since the 1980s, there has been an ongoing debate among American judges as to whether they should relegate such lengthy citations to footnotes to improve the readability of their opinions, as strongly urged byBryan A. Garner,one of the leading authors onlegal writingand style.[31]Most judges do relegatesomecitations to footnotes, but jurists such as JusticeStephen Breyerand JudgeRichard Posnerrefuse to use footnotes in their opinions.

Types of citations

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There are two types of citations: proprietary andpublic domaincitations. There are many citation guides; the most commonly acknowledged is calledThe Bluebook: A Uniform System of Citation,compiled by theColumbia Law Review,Harvard Law Review,University of Pennsylvania Law Review,andYale Law Journal.Public domain citationsrefer to the official reporters, rather than a publication service such asWestlaw,LexisNexis,particular legal journals, or specialization-specific reporters. States with their own unique style for court documents and case opinions also publish their own style guides, which include information on their citation rules.[citation needed]

See also

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Law by state (US)

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Notes and references

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Notes

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  1. ^Industrial Law Journal including the Industrial Law Reports. Juta & Co. Cape Town, South Africa. This journal is not theIndustrial Law Journalpublished in the United Kingdom.
  2. ^Sometimes abbreviated "SALR", which is also used for the South Australian Law Reports.
  3. ^Reports of Cases Decided in the Supreme Court of South Africa, Griqualand West Local Division
  4. ^Cited "TP" for 1910
  5. ^Cited "TL" for 1910
  6. ^Archbold abbreviates it to "Cox," which is also used for Cox's Chancery Cases.
  7. ^Carries summary reports that can be used if, and only if, a verbatim report is not available.
  8. ^Carries summary reports that can be used if, and only if, a verbatim report is not available.
  9. ^It is also abbreviated "Sol Jo."
  10. ^Carries summary reports that can be used if, and only if, a verbatim report is not available.

References

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  1. ^Garner, Bryan A., ed. (2012).Black's Law Dictionary(9th Abridged ed.). St. Paul, Minnesota: West. p. 221.ISBN978-0-314-26578-4.
  2. ^abKuttner, Robert (17 April 2017)."How the Airlines Became Abusive Cartels".The New York Times.Today's auction system on oversold flights, ironically, is the stepchild of a 1976 Supreme Court case, Nader vs. Allegheny, in which the late and little lamented Allegheny Airlines (known to its long suffering passengers as Agony Airlines) picked the wrong passenger to bump.
  3. ^abSchool of Oriental & African Studies(SOAS) Library,Understanding UK Case LawArchived2017-10-10 atArchive-It,Research Guide (London: SOAS Library, August 2012), pp. 5–6. 'The small letter "v" is an abbreviation of versus. However, the term "and" is used to pronounce it, rather than "v" or "versus", e.g. the case "Smith v Jones" would be pronounced "Smith and Jones."... A [criminal] case can be pronounced in a number of ways, e.g. "R. v Smith" would be pronounced either "the Crown against Smith", or it can be referred to as simply "Smith."  '
  4. ^Melbourne University Law Review Association (2010).Australian Guide to Legal Citation(3rd ed.). Melbourne University Law Review Association. p. 43.ISBN9780646527390.In speech, the 'v' between the parties' names is rendered 'and' in a civil action and 'against' in a criminal action both in Australia and the United Kingdom. It is not pronounced 'versus' as it is in the United States of America.
  5. ^"On Language: Child's Garden of Vs".The New York Times.The New York Times. June 4, 1989.
  6. ^"Sony Corporation of America v. Universal City Studios, Inc.".Warren E. Burger: Before we hear the arguments in Sony Corporation against Universal City Studios...
  7. ^"Smith v. Massachusetts".Oyez.John Paul Stevens: We'll hear argument in the case of Smith against Massachusetts.
  8. ^Garner, Bryan A. (2001).A Dictionary of Modern Legal Usage.Oxford University Press.ISBN978-0-19-514236-5.
  9. ^"Planned Parenthood of Southeastern Pennsylvania v. Casey".Oyez.Retrieved27 December2015.
  10. ^Austlii.edu.au
  11. ^Canadian Guide to Uniform Legal Citation / Manuel canadien de la référence juridique,9th ed. (Carswell, 2018-06-29),ISBN978-0-7798-8582-4.
  12. ^"Versus, v., vs. – Writing Tips Plus – Writing Tools – Resources of the Language Portal of Canada – Canada.ca".6 December 2019.
  13. ^Canadian Citation Committee[permanent dead link],The Preparation, Citation and Distribution of Canadian Decisions,edited by Frédéric Pelletier, Daniel Poulin and Martin Felsky (2009-04-02).
  14. ^Philippines Constitution and Citizenship Law Handboook - Strategic Information and Basic Laws.IBP, Inc. 2013-04-04.ISBN978-1-4387-7966-9.
  15. ^The Internal Rules of the Supreme Court(A.M.10-4-20-SC, Part II.6.4).Supreme Court of the Philippines.May 4, 2010.
  16. ^Hodder, Rupert (2013-10-08).High-level Political Appointments in the Philippines: Patronage, Emotion and Democracy.Springer Science & Business Media. p. 91.ISBN978-981-4560-05-4.
  17. ^"Internal Rules of the Court of Appeals (IRCA)".The LawPhil Project.Court of Appeals. 1999.Retrieved2020-06-14.
  18. ^There are two earlier series of Natal Law Reports. The earlier one covers 1867 to 1872, and the later one covers 1873 to 1879.
  19. ^"Schweizerisches Bundesgericht - Zitierregeln".Swiss Federal Supreme Court(in German).Retrieved28 April2018.
  20. ^abArchbold Criminal Pleading, Evidence and Practice.1999. p xvi.
  21. ^Lord Mackay of Clashfern (ed). Halsbury's Laws of England. 4th Ed. 2001 Reissue. Butterworths.Vol 47.p 15. Larby and Hannam. The Commonwealth. (International Organizations Series, vol 5). Transaction Publishers. 1993.p 57.
  22. ^abcdArchbold Criminal Pleading, Evidence and Practice,1999, p.xix
  23. ^Archbold Criminal Pleading, Evidence and Practice(1999), p. xx
  24. ^Archbold Criminal Pleading, Evidence and Practice(1999), p. xix.
  25. ^abPutman, William H.; Albright, Jennifer R. (2014).Legal Research(3rd ed.). Stamford, CT: Cengage Learning. p. 155.ISBN9781305147188.Retrieved14 December2020.
  26. ^D.C. Circuit Rule 32.1 provides: "Citations to decisions of this court must be to the Federal Reporter. Dual or parallel citation of cases is not required."
  27. ^"New York Law Reports Style Manual"
  28. ^Greenman v. Yuba Power Products, Inc.(1963) 59 C2d 57
  29. ^Schmier v. Supreme Court,78 Cal. App. 4th 703(2000). The plaintiff in this case unsuccessfully challenged the selective publication policy as unconstitutional. The court retorted: "Appellant either misunderstands or ignores the realities of the intermediate appellate process." The court went on to describe the variety of frivolous appeals regularly encountered by the Courts of Appeal, and concluded: "Our typical opinions in such cases add nothing to the body of stare decisis, and if published would merely clutter overcrowded library shelves and databases with information utterly useless to anyone other than the actual litigants therein and complicate the search for meaningful precedent."
  30. ^AALL Citation Formats CommitteeArchived2015-02-09 at theWayback Machine;accessed May 31, 2014.
  31. ^Garner, Bryan A. (2014).The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts(3d ed.). Oxford: Oxford University Press. pp. 176–182.ISBN9780199378357.
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