Case citation is the system used in many countries
to identify the decisions in past
court
cases, either in special series of books called
reporter or
law
reports, or in a 'neutral' form which will identify a decision
wherever it was reported. Although case citations are formatted
differently in different
jurisdictions,
they generally contain the same key information.
Where cases are published in paper form the citation will usually
contain:
- the title of the reports;
- the volume number;
- page number; and
- year of decision.
In some
report series, for example in England
and Australia, the 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 citations
of this type it is usual in these jurisdictions for square
brackets "[
year]" to be applied to the 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 web sites. Decisions of many courts from all
over the world can now be found through the website
WorldLII and its member institutes.
Most decisions of courts are
not
published in printed law reports. The expense of typesetting
and publishing them has limited the printed law reports to the
significant cases. Internet publishing of court decisions resulted
in a flood of information. The result was that a medium-neutral
citation system had to be adopted. This usually contains the
following information:
- year of decision
- the abbreviated title of the court; and
- the decision number (not the court file number)
Rather than utilizing page numbers for pin-point references, which
would depend upon particular printers and browsers, pin-point
quotes refer to paragraph numbers.
Australia
The standard case citation format in Australia is:
| Style of cause |
(year of decision) |
[year of report] |
volume |
report |
(series) |
page |
| Mabo v
Queensland |
(1992) |
|
175 |
CLR |
|
1. |
Like in Canada, there has been divergence between citation styles.
There exists 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
cases slightly differently. There is presently a movement in
convergence to the comprehensive academic citation style of the
Australian Guide to Legal Citation published by the Melbourne
University Law Review.
Reports
| 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 |
- |
| Qld R |
Queensland Reports |
- |
| SASR |
South Australian State Reports |
- |
| VR |
Victorian Reports |
- |
Neutral citation
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.
The standard format looks like this:
| Year of decision |
Court identifier |
Ordinal number |
| [2005] |
HCA |
1 |
So the above mentioned Mabo case would then be cited like this:
[1992] HCA 23.
There is a unique court identifier code for most courts. The court
and tribunal identifiers include:
References
Canada
There are a number of citation standards in Canada. Many legal
publishing companies and schools have their own practice for
citation. Since the late 1990s, however, there has been a
convergence among much of legal community to a single standard
which has been formulated in the "
The Canadian Guide
to Uniform Legal Citation", known as the "
McGill Guide" after the
McGill Law Journal that first published
it. The following format reflects this standard.
The standard case citation in Canada looks like this:
- Hunter v.
Southam, [1984] 2 S.C.R.
145.
The format can be broken into its component parts:
| Style of cause |
(year of decision), |
[year of report] |
volume |
report |
(series) |
page |
jurisdiction/court |
| R. v.
Big M Drug Mart
Ltd., |
|
[1985] |
1 |
S.C.R. |
|
295. |
|
| R. v. Oakes, |
|
[1986] |
1 |
S.C.R. |
|
103. |
|
| Re Canada Trust Co. and O.H.R.C. |
(1990), |
|
69 |
D.L.R. |
(4th) |
321 |
(Ont. C.A.). |
The
Style of Cause is italicized as in all other countries
and the party names are separated by "v." (English) or "c."
(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.
Undisclosed parties to a case are represented by initials (eg.
R. v. R.D.S.). Criminal cases are prosecuted by
the Crown which is always represented by "R." for
Regina
(queen) or
Rex (king).
Constitutional references are always
entitled "
Reference re" followed by the subject
title.
Usually either the year of the decision or the year of the report
is cited, but not usually both. Only if they are different years
can they both be cited at the same time. If they are the same, one
should always use the report year.
Where available cases should be cited with their neutral citation
immediately after the
style of cause and preceding the
print citation. For example,
- Chaoulli
v. Quebec , 2005 SCC
35, [2005] 1 S.C.R. 791.
This format was introduced in 2006. Prior to this format, the
opposite order of parallel citation was used.
Reports
| Abbreviation |
Report |
years |
| Admin. L.R. |
Administrative Law Reports |
1983 - 1991 |
| Admin. L.R. (2d) |
Administrative Law Reports (second series) |
1992 - 1998 |
| Admin. L.R. (3d) |
Administrative Law Reports (third series) |
1999 - |
| A.N.W.T.Y.T.R. |
Alberta, Northwest Territories & Yukon Tax Reporter |
1973 - |
| A.C.W.S. |
All Canada Weekly Summaries |
1970-1979 |
| A.C.W.S. (2d) |
All Canada Weekly Summaries (second series) |
1980-1986 |
| A.R. |
Alberta Reports |
1976 - |
| C.C.L.T. (2d) |
Canadian Cases on the Law of Torts |
|
| D.L.R. |
Dominion Law Reports |
|
| D.L.R. (2d) |
Dominion Law Reports (second series) |
|
| D.L.R. (3d) |
Dominion Law Reports (third series) |
- 1984 |
| D.L.R. (4th) |
Dominion Law Reports (fourth series) |
1984 - |
| F.C.R. |
Federal Court Reports |
1971 - |
| N.B.R. (2d) |
New Brunswick Reports |
1969 - |
| N.R. |
National Reporter |
|
| N.S.R. (2d) |
Nova Scotia Reports |
1969 - |
| O.R. (3d) |
Ontario Reports |
1986 - |
| S.C.R. |
Supreme Court Reports |
1970 - |
| W.W.R. |
Western Weekly Reports |
1911 - 1950, 1971 - |
| W.W.R.(N.S.) |
Western Weekly Reports (New Series) |
1950 - 1971 |
Neutral citation
In 1999 the
Canadian Judicial
Council 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.
The standard format look like this:
| Year of decision |
Court identifier |
Ordinal number |
| 2000 |
SCC |
1 |
There is a unique court identifier code for most courts. There are
a few courts in Quebec and Ontario that have yet to adopt the
system. A list of the court identifiers include:
| 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 |
|
| Comp. Trib. |
Competition Tribunal of Canada |
|
| BCCA |
British Columbia Court of Appeal |
|
| BCSC |
Supreme Court of British Columbia |
|
| BCPC |
Provincial Court of British Columbia |
|
| BCHRT |
British Columbia Human Rights Tribunal |
|
| BCSECCOM |
British Columbia Securities Commission |
|
| ONCA |
Ontario Court of Appeal |
|
| QCCA |
Quebec Court of Appeal |
|
References
- Canadian Guide to Uniform Legal Citation, 6th edition
(McGill Law Journal) ISBN 0-459-24393-4 (bound), ISBN 0-459-24394-2
(paperback). This is not available online.
- Canadian Citation Committee A Neutral Citation Standard for Case Law
England and Wales
The standard case citation format in
England and Wales is:
In
England and Wales as with
certain Commonwealth countries, the abbreviation "R" for
rex (king) or
regina (queen), is used for cases
in which the state is a party (typically criminal cases or
judicial review cases).
Square brackets "[ ]" are used when the year is essential to
locating the report (e.g. the official law reports either - as with
Donoghue 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 which have a cumulative volume number such as
R v
Dudley and Stevens, above.
Law Reports
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).
In 1865, many English cases were reprinted in a set of volumes
called
English Reports, abbreviated E.R. Between 1865 and
1875, decisions were published in a single series of law reports
simply known as the "Law Reports" (L.R).
Since 1875 the official law reports have been split into a number
of different series, the current series being the Appeal Cases
(A.C.), Chancery (Ch.), Family (Fam.) and Queen's Bench (Q.B.) (or
King's Bench—K.B.—depending on the monarch of the time). These 4
series are cited in preference to all others in court. There are
two main unofficial law reports which report all areas of law, the
Weekly Law Reports (W.L.R.) and the All England Reports (All E.R.).
In addition there are a number of unofficial specialist law reports
which focus on a particular area, e.g. the Entertainment and Media
Law Reports (E.M.L.R.) or the Criminal Appeal Reports (Cr. App.
R.). See the table below for a list of the most common current and
past law reports.
| Abbreviation |
Law Report |
years |
| A. & E. |
Admiralty and Ecclesiastical (L.R.) |
1865 - |
| A.C. |
Appeal Cases (L.R.) |
1890 - |
| All E.R. |
All England Law Reports |
1936 - |
| B.C.L.C. |
Butterworths Company Law Cases |
1983 - |
| B.H.R.C. |
Butterworths Human Rights Cases |
1996 - |
| B.M.L.R. |
Butterworths Medico-Legal Reports |
???? - |
| C.C.R. |
Criminal Cases Reserved (L.R.) |
1865 - 1875 |
| Ch. |
Chancery (L.R.) |
1891 - |
| Ch. App. |
Chancery Appeal (L.R.) |
1865 - 1874 |
| Ch. D. |
Chancery Division (L.R.) |
1875 - 1890 |
| Con. L.R. |
Construction Law Reports |
1985 - |
| C.P. |
Common Pleas (L.R.) |
1865 - 1876 |
| Cr. App. Rep. |
Criminal Appeal Reports |
1987 - |
| E.C.H.R. |
European Court of Human Rights Cases |
1960 - |
| E.G.L.R. |
Estates Gazette Law Reports |
1975 - |
| Eq. |
Equity Cases (L.R.) |
1865 - 1875 |
| Ex. D. |
Exchequer Division (L.R.) |
1875 - 1890 |
| F.C.R. |
Family Court Reports |
1987 - |
| G.C.C.R. |
Goode Consumer Credit Reports |
1882 - |
| H.L. |
House of Lords (L.R.) |
1866 - 1875 |
| I.R.L.R. |
Industrial Relations Law Reports |
1972 - |
| I.P. & T. |
Butterworths Intellectual Property and Technology Cases |
1999 - |
| J.P. |
Justice of the Peace Law Reports |
2003 - |
| I.T.L.R. |
International Tax Law Reports |
1998 - |
| K.B. |
King's Bench |
1901 - 1951 |
| L.G.R. |
Butterworths Local Government Reports |
1997 - |
| L.R.C. |
Law Reports of the Commonwealth |
1995 - |
| O.P.L.R. |
Occupational Pensions Law Reports |
1992 - |
| P. & D. |
Probate and Family |
1850 - |
| P.C. |
Prive Council (L.R.) |
1865 - 1874 |
| P.L.R. |
Estates Gazette Planning Law Reports |
1988 - |
| Q.B. |
Queen's Bench (L.R.) |
1952 - |
| Q.B.D. |
Queen's Bench Division (L.R.) |
1875 - 1890 |
| R.P.C. |
Reports of Patent Cases |
1939 - |
| S.T.C. |
Simon's Tax Cases |
1973 - |
| T.C. |
Official Tax Case Reports |
1883 - |
| W.L.R. |
Weekly Law Reports |
1953 - |
Neutral citation
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 (eg Admin, Ch, Crim, Pat).
How to cite a case
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
the 'best report', which is usually from the official Law Reports
series (Appeals Cases - AC, Chancery - Ch, Family - Fam, Queen’s
Bench - QB etc).
The case of
Rottman v MPC was 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 (eg [2002] 2 WLR 1315), and then the All
England Reports (eg [2002] 2 All ER 865). In some situations, it
might be preferable to cite a specialist series, eg
Rottman v
MPC was 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 the
Donoghue v Stevenson
judgment:
Donoghue v Stevenson [1932] AC 562, 573.
[edit] References
- Oxford Standard for the Citation Of Legal Authorities,
available at
http://denning.law.ox.ac.uk/published/oscola.shtml
Germany
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.
Federal Constitutional Court of Germany
The most
important cases of the Federal
Constitutional Court of Germany
are published by the court in its official
collection. This collection is abbreviated "BVerfGE",
whereas
BVerfG is short for
Bundesverfassungsgericht, the German court name, and
E stands for
Entscheidung (decision).
Starting in 2004, the court also publishes the "BVerfGK"
collection, containing decisions made only by a
Kammer, a
specific part of the court.
The so-called
Volkszählungsurteil 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 see
the German article.
If decisions are not published by the court yet or will not be
published by it at all, law journals can be cited, e.g.
- BVerfG, NJW 2009, 1234 (1235 f.).
Where
NJW stands for the law journal
Neue 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 of Germany
The
Federal Court of Justice of
Germany
(Bundesgerichtshof, short BGH) publishes the
official collections BGHSt for
decisions in penal law and BGHZ for those in private law.
The
Katzenkönigfall e.g.
would be cited
- BGHSt 35, 347 ff., Urteil des 4. Strafsenats vom 15. September
1988, Az. 4 StR 352/88, 35, 347.
in full and
- BGHSt 35, 347 ff.
in short (in this example, not a specific page but the case as such
is cited; "ff." means "sqq.").
Other federal courts
The official collection of the
Federal Social Court of Germany
(Bundessozialgericht, BSG) is abbreviated
BSGE.
The
official collection of the Federal Finance
Court of Germany
(Bundesfinanzhof, BFH) is
BFHE.
The
official collection of the Federal Labor
Court of Germany
(Bundesarbeitsgericht, BAG) is
BAGE.
Other courts
For the other courts generally the same rules apply, though most of
them do not publish an official collection, so that they have to be
cited from a law journal.
India
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
The official reporter for Supreme Court decisions is the Supreme
Court Reports. These reports however lag behind other journals in
the speed of reporting. Whilst decisions themselves are uploaded by
the Supreme Court itself on www.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. The
All India Reporter 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 include
Supreme Court Cases, which has become
the most cited report in the Supreme Court, the
Supreme Court
Almanac and
Judgements Today.
For instance, the case of
Sebastian Hongray
v. Union of India can
be cited thus:
AIR 1984 SC 571 - where 'AIR' is the All India Reporter, '1984' is
the year of judgement (AIR does not use a volume-based
classification), 'SC' is the Supreme Court of India and '571' is
the page number;
(1984) 1 SCC 339 - which corresponds to the Year (of publication),
Volume (of the reporter), Supreme Court Cases (name of the
reporter)and Page Number (within the volume);
1984 Cri LJ 289 (SC) - which corresponds to Year (of publication),
Criminal Law Journal (name of reporter) and Page Number (within the
1984 volumes). The forum is indicated in simple parentheses.
A citation of the "Supreme Court Almanac" looks like this -
Additional
Secretary, Government of India v. Alka
Subhash Gadia (1990) 2 Scale 1352; and, "Judgements Today"
like this -
Premium Granites
v. State of Tamil
Nadu JT (1994) 1 SC 374.
The "Supreme Court Cases (SCC)" published supplementary reports for
a few years in the early 1990s. Those citations looked like this -
Federation
of Mining Associations v. State of
Rajasthan 1992 Supp (2) SCC 239, which points to page 239
of the Second Supplementary Volume of the SCC reports in the year
1992. From 1996 the Supplementary Volumes were numbered in sequence
after the regular volumes.
The SCC also have a separate series of subject-based reporting of
the decisions of the Supreme Court. For instance -
Rathinam
Nagbhushan Patnaik v. Union of
India 1994 SCC (Cri) 740, which refers to the SCC Criminal
Reports, and
Delhi Transport
Corporation v. Mazdoor
Congress 1991 SCC (L&S) 1213, which refers to the SCC
Labour & Services Reports.
High Courts
All India Reporter is the most popular nation-wide reporter for
decisions of the High Courts. An AIR High Court citation looks like
this -
Surjya Kumar
Das v. Maya
Dutta AIR 1982 Cal 222, where 'Cal' refers to the Calcutta
High Court, Kolkata. This is a uniform style for AIR High Court
reports. Only the shortened indicator of the forum changes for
different High Courts. The Calcutta Weekly Notes is the oldest
continuously published law journal in India having uninterrupted
publication since 1896 reporting reportable decisions of the High
Court at Calcutta. Reports are cited in the style 105 CWN 345 where
105 refers to the Volume no. calculated at one volume per year from
the initial volume published in 1896.
New Zealand
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 the
Australian Guide to Legal Citation such as the Canterbury Law
Review. The AGLC style is also rather similar to citation style in
New Zealand. This is probably to aid exchanges in academic work
between both sides of the Tasman as opposed to any sort of sense of
cultural inferiority.
Reporters
| 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.
Neutral citation
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.
Most cases are now published on AustLII using
neutral citations, although such formats are only used for Court of
Appeal
and Supreme
Court judgments. Outside of AustLII, only the Supreme
Court uses such citations in relation to its own judgments.
The standard format looks like this:
| Year of decision |
Court identifier |
Ordinal number |
| [2005] |
NZSC |
1 |
There is a unique court identifier code only for the Supreme Court
and Court of Appeal. These identifiers are:
The Philippines
Despite the long-standing
civil
law tradition in the Philippines, reliance on judicial
precedents has become indispensable since the period of American
rule. Decisions of the
Supreme Court are expressly
recognized as part of the internal law, and are thus cited with
frequency in court decisions or legal pleadings. Even as there is
only one Supreme Court in the Philippines, the citation of its
decisions varies depending on which reporter of the case is relied
upon.
Official reporter
The
Philippine Reports is the official reporter of
decisions of the
Supreme Court of the
Philippines. The standard format for citation of the
Philippine Reports is:
- People v. Flores, 442 Phil. 561 (2002)
where:
- People v. Flores is the name of the case
- 442 is the volume number of the Philippine
Reports where the case may be found
- Phil. is the standard abbreviation of Philippine
Reports
- 561 is the page number in the Philippine
Reports which contains the beginning of the decision. If this
number is followed by a comma then another page number (i.e.,
442 Phil. 561, 563), the latter number indicates
the particular page where the annotated text can be found
- (2002) is the year the case was decided.
Unofficial reporter
In the last few decades, the
Philippine Reports has
suffered from production problems, resulting in long delays in
publication, as well as significant gaps within its published
series. As a result, the privately published
Supreme Court
Reports Annotated (published by Central Professional Books,
Inc.) has become more widely used than the
Philippine
Reports, even by the courts. The proper format for citation of
the
Supreme Court Reports Annotated is:
- Fortich v. Corona, G.R. No. 131457, 24 April
1998, 289 SCRA 624
where:
- Fortich v. Corona is the name of the
case
- G.R. No. 131457 is the case docket
number originally assigned by the Supreme Court at the time the
action was filed with the Court
- 24 April 1998 is the exact date the decision of this
case was promulgated
- 289 is the volume number of the Supreme Court
Reports Annotated where the case may be found
- SCRA is the standard abbreviation of Supreme Court
Reports Annotated
- 624 is the page number in the Supreme Court
Reports Annotated which contains the beginning of the
decision. If this number is followed by a comma then another page
number (i.e., 289 SCRA 624, 627), the latter number
indicates the particular page where the annotated text can be
found
Owing to the delays in the regular publication of the Philippine
Reports, reliance on the SCRA has been tolerated, although if a
case may be found at the Philippine Reports, it is preferred that
the official reporter be cited in lieu of the SCRA.
When citing cases which have not yet been reported in the
Philippine Reports or the SCRA, the above citation without
reference to the SCRA is preferred (i.e.,
Fortich v.
Corona, G.R. No. 131457, 24 April 1988)
Lower court decisions
As there are no official or unofficial reporters that regularly
publish decisions of the
Court of Appeals and 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),
(Exact
date of promulgation of decision).
Scotland
The
standard case citation formats in Scotland
are:
| 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.
United States
The standard case citation format in the United States is:
- Roe v. Wade, 410 U.S. 113 (1973)
where:
- Roe v. Wade is the abbreviated name of the
case. Generally, the first name Roe is the surname of the plaintiff, who is the party who filed the suit for
an original case, or the appellant, the
party appealing in a case being appealed from a lower court, or the
petitioner when litigating in the
high court of a jurisdiction; and
Wade is the surname of the
defendant, the party responding to the
suit, or the appellee, the party responding
to the appeal, or the respondent, when
defending in the high court of the jurisdiction. There are
exceptions. For example, under the Rules of the United States
Supreme Court, parties are typically referred to as petitioner and respondent under Rule 12 (when seeking
discretionary review by writ of certiorari), but are occasionally
referred to as plaintiff and defendant under Rule 17 (when invoking the court's
original jurisdiction as provided for in the U.S. Constitution) or
as appellant and appellee under Rule 18 (when direct review is
provided for by federal statute).
- 410 is the volume number of the "reporter" in which the Court's written
opinion in the Roe v. Wade is published,
- U.S. is the abbreviation of the reporter, here "U.S." stands
for United States
Reports,
- 113 is the page number (in volume 410 of United States
Reports) where the opinion begins, and
- 1973 is the year in which the court rendered its decision.
- The abbreviated name of the court will be included inside the
parenthesis before the year if the name of the court is not obvious
from the reporter. In this example the name of the court (United
States Supreme Court) is obvious and thus omitted.
These numbers 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 the U.S.
Supreme
Court
case of Miller
v. California would yield four cases,
some involving different people named Miller, and each involving
different issues.
Supreme Court of the United States
Cases
from the Supreme Court of the United
States
are officially printed in the United States
Reports. A citation to the
United States
Reports looks like this:
Many court decisions are published by more than one reporter. A
citation to two or more reporters for a given court decision is
called a "parallel citation". For U.S. Supreme Court decisions,
there are several unofficial reporters, including the
Supreme
Court Reporter (S. Ct.) and
United States Supreme Court
Reports, Lawyers' Edition (commonly known simply as
Lawyer's Edition) (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 the
Lawyers' 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
as
Marbury 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 the
United States
Reports compiled by the Supreme Court's
Reporter
of Decisions, cases were gathered, bound together, and sold
privately by the Court's Reporter of Decisions. In this example,
Marbury was first reported in an edition by
William 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 the
United 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 the
United States
Reports series, but the first that was originally published by
William Cranch; four volumes of
opinions prior to that were (for example) published by
Alexander Dallas (for
example, "4 U.S. (4 Dall.)"), and after Cranch's 9 volumes, 12 more
were published by
Henry Wheaton (e.g.,
"15 U.S. (2 Wheat.)").
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,
Bowles v. Russell, 551 U.S. ___ (2007).
See the
Supreme
Court of the United States Reporter of Decisions for other
edition names.
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
the same practice used in cases in the federal courts of
appeal.
Lower federal courts
United States court of
appeals cases are published in the
Federal Reporter (F., F.2d, or F.3d).
United States district
court cases and cases from some specialized courts are
published in the
Federal
Supplement (F. Supp. or F. Supp. 2d). Both are published
by
Thomson West; they are technically
unofficial reporters, but have become widely accepted as the
de
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, the
D.C.
Circuit, has an official reporter,
United States Court of Appeals Reports, and even that one
is rarely used today.)
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:
State courts
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 the same as
the state's name (note: this is the traditional abbreviation, not
the postal abbreviation), regardless of what the actual title of
the reporter is.
Thus, the official reporter of decisions of
the California
Supreme Court
(titled California Reports) is abbreviated
"Cal." (or, for subsequent series, "Cal. 2d," "Cal. 3d" or
"Cal. 4th").
- Green v.
Chi. Tribune Co., 286 Ill. App. 3d
1 (App. Ct. 1996) - a case in the Illinois Appellate Court, reported
in Illinois Appellate Court Reports. Note that, in
contrast to New York, the Illinois Appellate Court is only the
intermediate court of appeals in Illinois; decisions of the
Illinois
Supreme Court
are reported in Illinois Reports,
abbreviated "Ill." (or "Ill. 2d").
In addition to the official reporters,
Thomson West publishes several series of
"regional reporters" which cover several states each. These are the
North Eastern Reporter, Atlantic Reporter,
South Eastern Reporter, Southern Reporter,
South Western Reporter, North Western Reporter,
and
Pacific Reporter.
California
, Illinois
, and New
York
also 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, and West's New York
Supplement). Some smaller states (like South 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:
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.
Some
states, notably California
and New
York
, have their own citation systems that differ
significantly from the various federal and national
standards. Citations in California style put the year
between the names of the parties and the reference to the
case reporter. Citations in New York style wrap the year in
brackets instead of parentheses. Both New York and California wrap
an entire citation in parentheses when it is used as a stand-alone
sentence. New York puts the terminating period outside the
parentheses, but California puts it inside. New York wraps just the
reporter and page references in parentheses when the citation is
used as a clause.
Either way, both state styles differ from the national/Bluebook
style 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, the
Brown case above would be cited (using the
official reporter) to a New York court as:
And, again, as a stand-alone sentence, the famous
Greenman
product liability case would be
cited to a California court as:
Like the United States Supreme Court, some very old state case
citations include an abbreviation of the name of either the private
publisher or the
reporter of
decisions, a state-appointed officer who originally collected
and published the cases. For example, in
Hall v.
Bell, 47 Mass. (6 Met.) 431 (1843), the citation is to
volume 47 of
Massachusetts Reports, which, like
United
States Reports, was started in the latter half of the 19th
century and incorporated a number of prior editions originally
published privately into the series, and began numbering from that
point; "6 Met." refers to the 6th volume that had originally been
published privately by
Theron
Metcalf. An example of a case cited to a reporter that has not
been subsequently incorporated into an officially-published series
is
Pierson v. Post, 3 Cai. 175 (N.Y. Sup. Ct. 1804),
reported in volume 3 of
Caines' Reports, page 175, named
for
George 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-1800s, but Delaware
persisted until 1920.
Unpublished decisions
A growing number of court decisions are not published in case
reporters. For example, only 7% of the opinions of the California
intermediate courts (the
Courts 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 avoiding
information overload. 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 bad
precedents.
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 not yet
been 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 the U.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).
- Cases which are intentionally left officially unpublished are
nonetheless often "published" on computer services, such as
LexisNexis and Westlaw. 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 a serial number (issued sequentially from 1 as
documents are added to the database each year); citations to online
databases also usually include the case's docket number and the specific date on which 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 the U.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 year 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 the U.S.
District
Court for the District of Connecticut; the citation includes
the case's original docket number (No. 3:02CV458(MRK)), the year 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 the California state court system and
the federal Court of Appeals for the Second, Seventh, and Ninth
Circuits—forbid attorneys to cite unpublished cases as precedent.
Other systems allow citation of unpublished cases only under
specific circumstances.
For example, in Kentucky
, 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 the
Federal 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
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 as
West Publishing claimed a copyright
interest. (In view of the decision of the U.S. Supreme Court in
Feist
Publications v. Rural Telephone
Service, that the mere alphabetical listing of telephone
subscribers was an inadequate amount of effort to be valid to
obtain copyright, the claim of copyright on page numbering of court
decisions is probably not valid.)
A vendor-neutral citation movement 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
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."
For example, in
Roe 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 the
Roe
decision was published. A full pin cite to
Roe for 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:
- 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 obviously
look quite mysterious and intimidating to laypersons when they try
to 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 by
Bryan
Garner, one of the leading authors on legal writing style
issues. Most judges do relegate
some citations to
footnotes (though the refusal of jurists such as Justice
Stephen Breyer and Judge
Richard Posner to use footnotes in their
opinions is well-known).
Types of citations
There are two types of citations: proprietary and
public domain citations. There are many
citation guides; the most commonly acknowledged is called the
Bluebook, published by student-run
law reviews at several eminent
law schools, namely
Columbia Law Review,
Harvard Law Review,
University of Pennsylvania Law
Review and
Yale Law Journal. Public domain citations
are those which refer to the official reporters, rather than a
publication service such as
Westlaw,
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.
External links
Law by state
See also
References
- World Legal
Information Institute (WorldLII)
- http://austlii.edu.au
- Greenman v. Yuba Power Products, Inc. (1963) 59 C2d
57
- 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."
- McDonald, Molly, "Door slowly opens for unpublished opinions",
ABA Journal eReport, April 21,
2006.
- AALL Citation Formats Committee
External links