United States Department of Justice

OFFICE OF THE SOLICITOR GENERAL

CITATION MANUAL

Revised April 2014

Office Work Product of the 

Office of the Solicitor General

Please Do Not

Remove this Copy from the Office
OFFICE OF THE SOLICITOR GENERAL STYLE MANUAL 

CURRENT VERSIONS OF CHAPTERS

Revised April 2014

I. OSG Citation Manual:

Bluepages 

1. Structure and Use of Citations .......................................................... April 2014 

2. Typefaces for Law Reviews ................................................................ April 2014 

3. Subdivisions .......................................................................................... April 2014 

4. Short Citation Forms .......................................................................... April 2014 

5. Quotations ............................................................................................. April 2014 

6. Abbreviations, Numerals, and Symbols............................................ April 2014 

7. Italicization for Style and in Unique Circumstances ...................... April 2014 

8. Capitalization ........................................................................................ April 2014 

9. Titles of Judges, Officials, and Terms of Court ............................... April 2014 

10. Cases ...................................................................................................... April 2014 

11. Constitutions ......................................................................................... April 2014 

12. Statutes .................................................................................................. April 2014 

13. Legislative Materials ........................................................................... April 2014 

14. Administrative and Executive Materials .......................................... April 2014 

15. Books, Reports, and Other Nonperiodic Materials ......................... April 2014 

16. Periodical Materials ............................................................................. April 2014 

17. Unpublished and Forthcoming Sources ........................................... April 2014 

18. The Internet, Electronic Media, and Other Nonprint 

Resources .............................................................................................. April 2014 

19. Services .................................................................................................. April 2014 

20. Foreign Materials ................................................................................ April 2014 

21. International Materials ....................................................................... April 2014 

II. OSG Supplement to the Supreme Court Rules

A. Cover Page ............................................................................................ April 2014 

B. Parties to the Proceeding .................................................................... April 2014 

C. Opinions Below ..................................................................................... April 2014 

D. Jurisdiction ............................................................................................ April 2014 

E. Conclusion ............................................................................................. April 2014 

F. Miscellaneous ........................................................................................ April 2014

(Apr. 2014) I 
III. Miscellaneous OSG Writing Preferences:

A. Miscellaneous Abbreviation Rules ..................................................... April 2014 

B. Miscellaneous Capitalization Rules ................................................... April 2014 

C. Miscellaneous Definitions ................................................................... April 2014 

D. Miscellaneous Grammar Preferences ............................................... April 2014 

E. Miscellaneous Punctuation Preferences ........................................... April 2014 

F. Miscellaneous Typographical Preferences ....................................... April 2014 

(Apr. 2014) II 
OFFICE OF THE SOLICITOR GENERAL STYLE MANUAL

TABLE OF CONTENTS

Revised April 2014

I. OSG Citation Manual:

INTRODUCTION ............................................................................................................... 1 

Bluepages 

 B1 Typeface Conventions ........................................................................................... 2 

 B2 Citation Sentences and Clauses .......................................................................... 3 

 B3 Introductory Signals ............................................................................................. 4 

 B4 Sources and Authorities: Cases ........................................................................ 4 

 B5 Sources and Authorities: Statutes, Rules, and Regulations ......................... 5 

 B6 Sources and Authorities: Constitutions ........................................................... 5 

 B7 Sources and Authorities: Court and Litigation Documents ......................... 5 

B8 Sources and Authorities: Books and Other Nonperiodic Materials ..... [NA] 

 B9 Sources and Authorities: Journal, Magazine, and Newspaper Articles

 ....................................................................................................................................... [NA] 

 B10 Sources and Authorities: The Internet .................................................... [NA] 

 B11 Explanatory Parentheticals .......................................................................... [NA] 

 B12 Quotations ....................................................................................................... [NA] 

 BT1 Court Documents ........................................................................................... [NA] 

 BT2 Jurisdiction-Specific Citation Rules and Style Guidelines ....................... [NA] 

General Rules of Citation and Style

1. Structure and Use of Citations .................................................................................................9 

1.1 Citation Sentences and Clauses in Law Reviews ...................................... [NA] 

1.2 Introductory Signals ............................................................................................. 9 

1.3 Order of Signals .............................................................................................. [NA] 

1.4 Order of Authorities Within Each Signal ................................................... [NA] 

1.5 Parenthetical Information ................................................................................... 9 

1.6 Related Authority ............................................................................................... 12 

 

(Apr. 2014) III 
2. Typefaces for Law Reviews .............................................................................................. 12 

2.1 Typeface Conventions for Citations ............................................................ [NA] 

2.2 Typeface Conventions for Textual Material .............................................. [NA] 

3. Subdivisions ....................................................................................................................... 13 

3.1 Volumes, Parts, and Supplements .................................................................... 13 

3.2 Pages, Footnotes, Endnotes, and Graphical Materials ................................. 13 

3.3 Sections and Paragraphs ................................................................................... 16 

3.4 Appended Material ............................................................................................. 18 

3.5 Internal Cross-References ................................................................................ 18 

4. Short Citation Forms ....................................................................................................... 19 

 

4.1 Id. ......................................................................................................................... 19 

4.2 Supra and Hereinafter ....................................................................................... 21 

5. Quotations ......................................................................................................................... 22 

5.1 Formatting of Quotations .................................................................................. 22 

5.2 Alterations and Quotations Within Quotations ............................................... 24 

5.3 Omissions ............................................................................................................. 24 

6. Abbreviations, Numerals, and Symbols .......................................................................... 26 

6.1 Abbreviations ....................................................................................................... 26 

6.2 Numerals and Symbols ...................................................................................... 28 

7. Italicization for Style and in Unique Circumstances ................................................... 30 

8. Capitalization ................................................................................................................... 30 

9. Titles of Judges, Officials, and Terms of Court ............................................................ 32 

(Apr. 2014) IV 
Cases 

10. Cases .................................................................................................................................. 32 

10.1 Basic Citation Forms .......................................................................................... 33 

10.2 Case Names ......................................................................................................... 33 

10.3 Reporters and Other Sources............................................................................ 36 

10.4 Court and Jurisdiction ........................................................................................ 36 

10.5 Date or Year......................................................................................................... 37 

10.6 Parenthetical Information Regarding Cases .................................................. 39 

10.7 Prior and Subsequent History .......................................................................... 40 

10.7.1 Explanatory Phrases and Weight of Authority .............................................. 41 

10.7.2 Different Case Name on Appeal ....................................................................... 41 

10.8 Special Citation Forms ....................................................................................... 42 

10.8.1 Pending and Unreported Cases ........................................................................ 42 

10.8.2 Fifth Circuit Split ................................................................................................ 44

10.8.3 Briefs, Court Filings, and Transcripts ............................................................. 44 

10.9 Short Forms for Cases ....................................................................................... 47 

Constitutions, Statutes, and Legislative, 

Administrative, and Executive Materials

11. Constitutions ............................................................................................................................... 48 

12. Statutes ......................................................................................................................................... 48 

12.1 Basic Citation Forms ..................................................................................... [NA] 

12.2 Choosing the Proper Citation Form ........................................................... [NA] 

12.3 Current Official and Unofficial Codes .............................................................. 48 

12.4 Session Laws ........................................................................................................ 50 

12.5 Electronic Media and Online Sources .............................................................. 52 

12.6 Other Secondary Sources ............................................................................. [NA] 

12.7 Invalidation, Repeal, Amendment, and Prior History .................................. 52 

12.8 Explanatory Parenthetical Phrases ............................................................ [NA] 

12.9 Special Citation Forms ....................................................................................... 52 

12.10 Short Forms for Statutes ................................................................................... 53 

(Apr. 2014) V 
13. Legislative Materials ....................................................................................................... 54 

 13.1 Basic Citation Forms ...................................................................................... [NA] 

13.2 Bills and Resolutions ............................................................................................ 54 

13.3 Hearings ............................................................................................................ [NA] 

13.4 Reports, Documents, and Committee Prints .................................................... 54 

13.5 Debates ................................................................................................................... 54 

13.6 Separately Bound Legislative Histories ........................................................... 55 

13.7 Electronic Media and Online Sources ........................................................... [NA] 

13.8 Short Forms for Legislative Materials ......................................................... [NA] 

14. Administrative and Executive Materials ....................................................................... 55 

14.1 Basic Citation Forms ........................................................................................... 55 

14.2 Rules, Regulations, and Other Publications ..................................................... 55 

14.3 Administrative Adjudications and Arbitrations .......................................... [NA] 

14.4 Short Forms for Regulations ......................................................................... [NA] 

Books, Periodical Materials, and Secondary Sources

15. Books, Reports, and Other Nonperiodic Materials ...................................................... 56 

15.1 Author ................................................................................................................... 56 

15.2 Editor or Translator ...................................................................................... [NA] 

15.3 Title .................................................................................................................. [NA] 

15.4 Edition, Publisher, and Date ........................................................................ [NA] 

15.5 Shorter Works in Collection ......................................................................... [NA] 

15.6 Prefaces, Forewords, Introductions, and Epilogues ................................ [NA] 

15.7 Serial Number ................................................................................................ [NA] 

15.8 Special Citation Forms ....................................................................................... 56 

15.9 Electronic Media and Online Sources ......................................................... [NA] 

15.10 Short Citation Forms ......................................................................................... 57 

16. Periodical Materials ........................................................................................................ 57 

16.1 Basic Citation Forms ...................................................................................... [NA] 

16.2 Author ..................................................................................................................... 57 

16.3 Title .................................................................................................................... [NA] 

16.4 Consecutively Paginated Journals ................................................................ [NA] 

(Apr. 2014) VI 
16.5 Nonconsecutively Paginated Journals and Magazines .............................. [NA] 

16.6 Newspapers ...................................................................................................... [NA] 

16.7 Special Citation Forms ................................................................................... [NA] 

16.8 Electronic Media and Online Sources ........................................................... [NA] 

16.9 Short Citation Forms ........................................................................................... 58

17. Unpublished and Forthcoming Sources .......................................................................... [NA] 

 17.2 Unpublished Materials .................................................................................... [NA] 

 17.3 Forthcoming Publications .............................................................................. [NA] 

 17.4 Working Papers ............................................................................................... [NA] 

 17.5 Electronic Media and Online Services ........................................................ [NA] 

 17.6 Short Citation Forms ...................................................................................... [NA]

18. The Internet, Electronic Media, and Other Nonprint Resources .............................. [NA]

19. Services ......................................................................................................................... [NA]

 

 19.1 Citation Form for Services ............................................................................. [NA] 

 19.2 Short Citation Forms ...................................................................................... [NA]

20. Foreign Materials ....................................................................................................... [NA] 

 20.1 Jurisdiction ....................................................................................................... [NA] 

 20.2 Non-English-Language Documents ............................................................. [NA] 

 20.3 Cases ....................................................................................................................... 59 

 20.4 Constitutions .................................................................................................... [NA] 

 20.5 Statutes ............................................................................................................ [NA] 

 20.6 Periodicals with Foreign Language Titles ................................................... [NA] 

 20.7 Short Citation Forms ...................................................................................... [NA] 

21. International Materials ................................................................................................... 59 

 21.1 Basic Citation Forms ...................................................................................... [NA] 

 21.2 Non-English-Language Documents ............................................................. [NA] 

 21.3 Jurisdiction Not Evident from Context ........................................................ [NA] 

21.4 Treaties and Other International Agreement .................................................. 59 

(Apr. 2014) VII 
Tables 

T1 United States Jurisdictions ............................................................................... 60 

T2 Foreign Jurisdictions..................................................................................... [NA] 

T3 Intergovernmental Organizations ............................................................... [NA] 

T4 Treaty Sources ............................................................................................... [NA] 

T5 Arbitral Reporters ......................................................................................... [NA] 

T6 Case Names and Institutional Authors in Citations ................................. 60 

T7 Court Names ................................................................................................... [NA] 

T8 Explanatory Phrases ..................................................................................... [NA] 

T9 Legislative Documents .................................................................................. [NA] 

T10 Geographical Terms....................................................................................... [NA] 

T11 Judges and Officials ....................................................................................... [NA] 

T12 Months ............................................................................................................. [NA] 

T13 Periodicals ....................................................................................................... [NA] 

T14 Publishing Terms ........................................................................................... [NA] 

T15 Services ............................................................................................................ [NA] 

Attachment 1 .................................................................................................................... 64 

II. OSG Supplement to the Supreme Court Rules ............................................................. 65 

A. Cover Page ........................................................................................................... 65 

B. Parties to the Proceeding .................................................................................. 69 

C. Opinions Below .................................................................................................... 70 

D. Jurisdiction ........................................................................................................... 71 

E. Conclusion ............................................................................................................ 72 

F. Memorandum Form............................................................................................ 73 

III. OSG Writing Preferences ................................................................................................ 74 

A. Miscellaneous Abbreviation Rules ................................................................... 74 

B. Miscellaneous Capitalization Rules .................................................................. 74 

C. Miscellaneous Definitions .................................................................................. 74 

D. Miscellaneous Grammar Preferences .............................................................. 75 

E. Miscellaneous Punctuation Preferences .......................................................... 76 

F. Miscellaneous Typographical Preferences ...................................................... 76 

(Apr. 2014) VIII 
OFFICE OF THE SOLICITOR GENERAL 

CITATION MANUAL

Revised April 2014

(I) 
OFFICE OF THE SOLICITOR GENERAL CITATION MANUAL 

Revised April 2014

INTRODUCTION 

The revised Office of the Solicitor General Citation Manual is designed to showcase only 

the ways in which the OSG citation style differs from the 19th Edition of the Bluebook, or 

where a Bluebook rule needs emphasizing due to common errors. Where a rule is not 

listed below, it can be assumed that the Bluebook rule governs. Where a rule is listed 

below, the rule is designed to supplement the Bluebook rule, not replace it. 

For additional guidance on punctuation, capitalization, compounding, and other matters 

of style, you may wish to consult the U.S. Government Printing Office Style Manual 

(2008), available at: http://www.gpo.gov/fdsys/pkg/GPO-STYLEMANUAL-2008/pdf/ 

GPO-STYLEMANUAL-2008.pdf. 

Recognizing that the Bluebook is the primary source for citation style, this manual is 

organized to mirror the format of the Bluebook. Users of this manual should consult the 

Bluebook first, and then check the same rule in this manual. 

This manual will be periodically updated. A list of the current versions of all chapters is 

included on Pages I-II; users of this manual should ensure that their copy contains the 

most recent versions of chapters. To suggest changes to this manual or to obtain the most 

recent version of specific chapters, please contact the Director of the Research and 

Publications Unit. 

Apr. 2014 1 
B Bluepages

The Bluepages in the Bluebook are generally good guidelines for the 

preparation of briefs for the Supreme Court. As of April 2014, the Supreme 

Court Rules do not provide any formal citation requirements in addition to 

the Bluebook, but experience has often suggested preferred alternative 

conventions. This OSG Style Manual sets forth those preferred stylistic 

differences. 

B1 Typeface Conventions 

While Rule B1’s statement that there are typically only two typefaces in 

court documents is generally correct, OSG alters this rule for appendices, 

which ordinarily will duplicate the typeface used in the original document. 

For example, if a court of appeals opinion uses large and small capitals (e.g., 

in citing a book title), the OSG appendix will also use large and small capitals. 

There are a few exceptions to this rule, but most involve the cover and 

signature pages of briefs and the captions of court opinions reproduced in 

appendices. See OSG Supplement to the Supreme Court Rules, below, for 

examples for cover and signature pages using large and small capitals. 

B1 also states that italics or underscoring are used interchangeably 

depending on the format of the document. When an IFP brief is filed under 

Supreme Court Rule 33.2, underscoring is the appropriate typeface 

convention. In any document prepared under Supreme Court Rule 33.1, 

whether filed in “page proof” or “final,” italics is the appropriate typeface 

convention. For appendices, text (including headings) that is underscored 

in the original document is italicized in the printed appendix. 

 Case Names 

The “v.” in case names is not italicized. The only exception to this rule is 

that the “v.” or “versus” is italicized in a quote, in the captions of briefs, or in 

court opinions included in appendices. 

 Introductory Signals

Introductory signals are neither underscored nor italicized, with “e.g.” as the 

sole exception to this rule. 

 

Apr. 2014 2 
Explanatory Phrases Introducing Prior or Subsequent History 

Explanatory phrases introducing prior or subsequent history are neither 

underscored nor italicized. 

B2 Citation Sentences and Clauses 

Citations may be set off from text by the use of commas or parentheses. 

While a parenthetical may either precede or follow text containing assertions 

for which the citation is provided, a comma is ordinarily used only when the 

text containing assertions for which a citation is provided precedes the 

citation. Where a comma or a pair of parentheses is used to set off citations 

from text in one clause of a sentence, text in other clauses of the same 

sentence should ordinarily be set off by the same form. 

There is no requirement that citations precede indented quotations. 

Instead, OSG style permits, but does not require, a citation to follow an 

indented quotation (appearing at the left margin of the line immediately 

following the quotation). 

Often, authors will refer to court filings within the text, eliminating the need 

to repeat in the citation the information that is already contained in the text . 

See the following examples: 

As we stated earlier (Pet. Br. 3) * * *. 

As we stated in our petition (at 3) * * *. 

The amicus maintains (ACLU Br. 8) * * *. 

The ACLU maintains (Amicus Br. 8) * * *. 

We believe (Gov’t Br. 9) * * *. 

In our initial brief (at 9) * * *. 

Apr. 2014 3 
B3 Introductory Signals 

Despite the Bluebook’s preference for italicizing, the only signal we italicize 

is “e.g.” 

When used as a verb in a textual sentence, a signal normally abbreviated 

must be spelled out; “cf.” becomes “compare,” and “e.g.” becomes “for 

example.” 

B4 Sources and Authorities: Cases 

For short citation forms, clarity and ease in locating a full citation are the 

governing principles. There are instances in which a full citation is required 

or preferred. A full citation must be used the first time a source is cited in 

the brief. If a source is cited for the first time in a footnote, however, the 

source must be cited in full both in the footnote and where it first appears in 

the text.1

Although attorney preference and space constraints may dictate otherwise, 

it is preferred that a source be cited in full the first time it is cited in the 

statement of interest, statement, summary of argument, and argument/

discussion sections of the brief. Subsequent citations within the same 

section may take a short form. 

“Id. at” and “ibid.” are not to be used when there is an intervening citation 

(see Rule 4.1). 

B4.2 Short Form Citation

A short form for cases that includes both parties’ names, rather than only 

one, may be used, but such form should be used consistently throughout the 

brief. 

B5 Sources and Authorities: Statutes, Rules, and Regulations 

 1 There is one narrow exception to this rule. An attorney may have cited in a footnote a source with 

an unusually lengthy citation and does not want to repeat the full citation the first time it is used in the text 

(e.g., a case with a lengthy case history). In those cases, these examples can be followed: 

See Jones v. United States, supra note 4, 697 F.2d at 1197. 

See Hearings, supra note 7, at 16.

Apr. 2014 4 
The Internal Revenue Code will be cited with references to 26 U.S.C. (not 

“I.R.C.”). Do not include section symbols (§) in citations to Internal 

Revenue Code sections in the brief; however, include section symbols (§) with 

sections of the Internal Revenue Code in the table of authorities. 

Citations to the United States Code and the Code of Federal Regulations 

may use the form “ibid.”, but not “id. at” or any of the short forms listed in 

Bluebook Rule 12.10; unless “ibid.” is appropriate, these sources must be 

cited in full each time. Citations to the Statutes at Large, state statutory 

codes, and state session laws may take a short form. For example: 

The Support for Eastern European Democracy Act (SEED) of 

1989, Pub. L. No. 101-179, 103 Stat. 1298, was enacted 

on November 28, 1989. It required the United States 

to “implement * * * a concerted Program of 

Support for East European Democracy” designed to 

“provide cost-effective assistance to those 

countries of Eastern Europe that have taken 

substantial steps toward institutionalizing 

political democracy.” § 2, 103 Stat. 1299. 

Searches of committed persons charged with an offense 

may be “for the purpose of discovering any money or 

property he may have.” Mo. Ann. Stat. § 542.300 (West 

1987). Any search “shall be conducted in a 

reasonable manner.” Id. § 542.291.

B6 Sources and Authorities: Constitutions 

B7 Sources and Authorities: Court and Litigation Documents 

Citations to court filings (unlike textual references to court filings) are 

abbreviated. Thus: “J.S.” (jurisdictional statement), “Mot. to Affirm” 

(motion to affirm), “Pet.” (petition), “Br. in Opp.” (brief in opposition), and so 

forth. Use “Pet. Br.” and “Resp. Br.” to refer to briefs for nongovernment 

parties, “Gov’t Br.” to refer to briefs on behalf of federal officials or agencies, 

and “U.S. Br.” to refer to briefs for the United States. Spell out 

“Appellant’s,” “Appellee’s,” and “Reply,” as well as other identifying 

adjectives that would create confusion if abbreviated. 

In general, any pleading filed in the court of appeals can be cited by adding 

“C.A.” to the appropriate abbreviation (e.g., Jones C.A. Br., Resp. C.A. Br., 

Pet. C.A. Br., etc.). To avoid confusion when citing briefs for the United 

Apr. 2014 5 
States filed in courts of appeals, avoid the form “U.S. C.A. Br.” and use 

instead “Gov’t C.A. Br.” No footnoted explanations are necessary for any of 

these conventions. 

Use “App.” to refer to an appendix that is bound together with the document 

or filing that it accompanies (e.g., Pet. App., J.S. App.). Use “J.A.” to refer 

to the separately bound joint appendix filed in connection with a merits brief 

in the Supreme Court. Where there is only one appendix or a joint appendix 

filed in the court of appeals, it is cited “C.A. App.” When there is more than 

one appendix or when there are citations to appendices from the Fifth, 

Ninth, or Eleventh Circuits, follow these examples: 

 

Appellant’s App. 

Appellee’s App. 

Gov’t C.A. App. [United States appendix or appendix 

for an agency) 

83-1844 C.A. App. [multiple case number appendix] 

Jones C.A. App. (multiple party appendix] 

C.A. E.R. [Excerpts of Record, Ninth Circuit] 

C.A. R.E. [Record Excerpts, Fifth and Eleventh 

Circuits] 

When a brief contains multiple appendices, do not cite a specific appendix 

(e.g., J.S. App. A, Pet. App. D) except in unusual circumstances (e.g., when 

multiple appendices are separately paginated, citations to a specific appendix 

are necessary). As long as the appendix pages are consecutively or 

distinctively numbered, it is accurate and helpful to the reader to cite the 

page numbers in referring to the various appendices of a particular brief. 

Thus: 

 

“The court of appeals affirmed. Pet. App. la-45a.” 

NOT: 

“The court of appeals affirmed. Pet. App. A.” 

Apr. 2014 6 
Use the form “App., infra, la-5a” when referring to an appendix bound 

together with the brief in which it is cited. When the appendix is separately 

bound, use the form “Pet. App.” or “App.” without “infra.” 

When citing particular pages in the record or transcript, use the 

abbreviation “R.” or “Tr.” When citing a multivolume record or transcript, 

include the volume number that appears on the cover page. The volume 

number should always be in arabic numerals. If there is no volume number, 

the date can be used in place of the volume number. When citing a table in a 

document, regulation, or legislative material, use the abbreviation “Tbl.” 

Examples: 

 

4 R. 68 [NOT: IV R. 68]. 

5/15/02 Tr. 322 

Tbl. 

Exhibits are cited as “Ex.,” “U.S. Ex.,” “GX,” “PX,” or “DX.” 

It often will not be sufficient to use one of the above conventions without 

supplying additional identifying information when citing court filings. 

Examples of such situations are citations to court documents filed in 

consolidated cases or cases in which multiple petitions or amicus briefs have 

been filed. In such situations, place additional identifying information 

before the abbreviated name of the court filing. For example: 

 

77-1401 Pet. 23-29 [docket number] 

Smith Pet. 14 [petitioner’s name] 

Jones J.S. App. 15a [appellant’s or appellee’s name] 

ACLU Amicus Br. [name of amicus]

When introducing page references in citations to court documents related to 

the instant case—at any level—do not use “at” to introduce page references 

(e.g., “Pet. 5”; “Br. in Opp. 14”; “J.S. 12”; “Gov’t C.A. Br. 3”; or “Mem. of 

Points and Authorities 9”). 

Occasionally, however, authors will cite court filings that are not part of the 

instant case. These citations differ from the citations to court filings in the 

instant case in several ways: (a) “at” will be included after the abbreviated 

Apr. 2014 7 
court filing title and before the page number; (b) a case citation will be 

included after the cited source; and (c) the docket number will be included if 

the opinion has been reported. For example: 

 

Gov’t Br. at 9, Polsby v. Shalala, 113 S. Ct. 1940 

(1993) (No. 92-966) 

 

U.S. Br. at 9, United States v. MacDonald, No. 80-1582 

(Mar. 31, 1982) 

 

As discussed in our brief (at 9), Polsby v. Shalala, 

113 S. Ct. 1940 (1993) (No. 92-966) 

 

For subsequent citations to court documents not related to the instant case, 

“supra” can be used in place of the case citation: 

Gov’t Br. at 10, Polsby, supra (No. 92-966) 

No footnoted explanations are necessary for any of these conventions. 

B7.3.1 Court

Do not use the form “Court of Appeals for the Second Circuit.” Either use a 

court’s complete formal name, with appropriate capitalization (e.g., “the 

United States Court of Appeals for the Second Circuit”) or use one of the 

following informal references: (a) “the court of appeals” in lower-case 

letters, relying on the context to identify the court, or (b) “the District of 

Columbia Circuit” (or “the D.C. Circuit”) or “the Ninth Circuit.” 

In accordance with longstanding practice, however, we will permit 

capitalized references to the “Court of Federal Claims,” the “Court of 

Claims” (pre-1982), and the “Claims Court” (1982 onward) rather than “the 

court of claims” and “the claims court.” Authors should endeavor to give 

the full name of the court (“the United States Claims Court”) the first time 

they refer to this court in each filing. 

References to the “Tax Court” are always capitalized. 

B7.3.2 Party Designations

Party designations, such as “petitioner,” “respondent,” “plaintiff,” 

“defendant,” “appellant,” “appellee,” and so forth are not capitalized, even 

Apr. 2014 8 
when they refer to the parties in the matter that is the subject of the court 

document or memorandum. 

Do not use a definite article with a party designation that refers to a party in 

the case in which the document is being filed (e.g. “petitioner,” not “the 

petitioner”). 

B7.3.3 Titles of Court Documents 

Titles of Supreme Court documents appearing in text are not capitalized. 

The titles are, however, abbreviated when used in citation sentences. This 

rule applies regardless of whether the reference to the court document is to 

its official or its generic title. For example, references in text to “petition 

for a writ of certiorari,” or “brief in opposition,” are not capitalized. For 

court documents in all other courts, references are capitalized both in text 

and in citations. For example: 

The petitioner, in his Memorandum of Points and 

Authorities in Opposition to Appellant’s Motion to 

Dismiss, argued that the Double Jeopardy Clause is not 

applicable. This argument was renewed in his 

petition for a writ of certiorari. Pet. 8. 

Furthermore, we will continue to use “App.” with a capital “A” in referring to 

appendices. 

General Rules of Citation and Style 

1 Structure and Use of Citations 

1.2 Introductory Signals 

Regardless of the context in which they are used, introductory signals are, 

with one exception, not italicized. That one exception is “e.g.”, which is 

italicized when used either by itself or in combination with other signals. 

OSG style does not follow the Bluebook rule on grouping/separating families 

of signals with periods. 

 

1.5 Parenthetical Information 

While there are no stylistic differences with the Bluebook on the rule 

governing parenthetical information, the following portion of Rule 1.5 is reprinted to emphasize rules which often are not followed: 

Apr. 2014 9 
 

Explanatory parenthetical phrases * * * begin 

with a present participle and should not begin with 

a capital letter[.] * * * If, however, the 

parenthetical information quotes one or more full 

sentences or a portion of material that reads as a 

full sentence, it should begin with a capital letter 

and include appropriate closing punctuation[.] 

* * * [E]xplanatory parenthetical [phrases 

should] precede any citation of subsequent history 

or other related authority. 

For example: 

Under equivalency analysis, as under literal 

infringement, the claimed matter must remain the 

touchstone for a determination of infringement. See 

Corning Glass Works, 868 F.2d at 1259 (“In the All 

Elements rule, ‘element’ is used in the sense of a 

limitation of a claim.”). 

 

Under equivalency analysis, as under literal 

infringement, the claimed matter must remain the 

touchstone for a determination of infringement. See 

Corning Glass Works, 868 F.2d at 1259 (holding that 

“[i]n the All Elements rule, ‘element’ is used in the sense 

of a limitation of a claim”).

Ibid. (quoting American Ass’n of Exporters & Importers 

v. United States, 583 F. Supp. 591, 598 (Ct. Int’l Trade 

1984), aff’d, 751 F.2d 1239, 1247 (Fed. Cir. 1985)). 

Explanatory parentheticals containing information about a quotation with 

more than one alteration should include only basic information, omit any 

duplicative words, and combine words with the conjunction “and” wherever 

possible. For example: 

(citation and footnotes omitted; brackets in 

original) 

NOT: 

(citation omitted; footnotes omitted; brackets in 

original) 

Apr. 2014 10 
BUT: 

(citation omitted; emphasis added) 

However, when using parenthetical explanatory phrases (or introducing case 

histories) the repetition of similar phrases is sometimes necessary. For 

example: 

 

(Powell, J., concurring in part and dissenting in 

part) 

 

(summary judgment granted in part and denied in part) 

 

(aff’d in part and rev’d in part) [introducing 

subsequent history] 

Explanatory parenthetical phrases immediately follow a citation. But, 

when the source of a quotation is part of a textual sentence, explanatory 

phrases or citations are placed in parentheses at the end of the sentence to 

avoid intrusion into the flow of the text. For example: 

 

The Court has jurisdiction of an appeal of “an 

interlocutory or final * * * order * * * 

holding an Act of Congress unconstitutional” (28 

U.S.C. 1252 (emphasis added)). 

 OR: 

Section 1252 gives the Court jurisdiction of an 

appeal of “an interlocutory or final * * * order 

* * * holding an Act of Congress unconstitutional.” 28 U.S.C. 1252 (emphasis added). 

 

NOT: 

Section 1252 (emphasis added) gives the Court 

jurisdiction of an appeal of “an interlocutory or 

final * * * order * * * holding an Act of 

Congress unconstitutional.” 

The same principles should be followed when the source precedes an 

indented quotation. Examples: 

Apr. 2014 11 
The statute provides (§ 105(a), 60 Stat. 433 (emphasis 

added)): 

The maximum lawful price computed under 

subsection (b) * * * . 

OR: 

Section 105(a), in pertinent part, states: 

 

The maximum lawful price computed under 

subsection (b) * * * . 

 

§ 105(a), 60 Stat. 433 (emphasis added). 

1.6 Related Authority 

1.6(a) “Reprinted In”

Because it is OSG’s practice to cite only original sources and not additionally 

to a reprinting, citations typically will not include the phrase “reprinted in.” 

For example, no citation is made to U.S.C.C.A.N. for congressional materials 

that are reprinted therein. 

 

However, citations to separately bound legislative histories may be retained 

when useful (e.g., S. Rep. No. 813, 89th Cong., 1st Sess. 3 (1965), reprinted in 

Staff of the Subcomm. on Administrative Practice and Procedure, Senate 

Comm. on the Judiciary, 93d Cong., 2d Sess., Freedom of Information Act 

Source Book: Legislative Materials, Cases, Articles 38 (Comm. Print 

1974)). 

[Note: OSG style uses both “Congress” and “Session” and therefore 

deviates from Bluebook Rule 13, which does not include the “Session.”] 

2 Typefaces for Law Reviews

Only two typefaces are used. Titles are in italics (or underlined). The rest 

of the citation is in roman (with arabic numerals): 

Timothy M. Cook, The Americans with Disabilities Act: 

The Move to Integration, 64 Temp. L. Rev. 393 (1991) 

Louis Loss, The SEC Proxy Rules in the Courts, 73 

Harv. L. Rev. 1041 (1960) 

 

Apr. 2014 12 
3 Subdivisions 

3.1 Volumes, Parts, and Supplements 

3.1(c) Supplements

When citing the United States Code, include a date only for clarity or if the 

cited section derives from a supplement, from a volume not part of the most 

recent full edition of the Code, or from an edition other than the most recent 

full edition of the Code. When an entire act is cited by the use of “et seq.,” 

do not include a date even if portions of the act are contained in more recent 

supplements. For example: 

Immigration and Nationality Act, 8 U.S.C. 1101 

et seq. 

NOT: 

Immigration and Nationality Act, 8 U.S.C. 1101 

et seq. (2006 & Supp. V 2011) 

When citing material in federal and state statutes, cite pocket parts and 

bound supplements as “Supp.” (retain all other normal identifying words). 

For example: 

Mo. Ann. Stat. § 514.140 (West Supp. 1984) 

NOT: 

Mo. Ann. Stat. § 514.140 (West Cum. Pocket Pt. 1984)

3.2 Pages, Footnotes, Endnotes, and Graphical Materials 

3.2(a) Pages

When citing court filings in the instant case, place the cited page numbers 

directly after the abbreviated name of the court filing, without using the 

word “at” (e.g., Pet. App. 3a; Pet. 19; C.A. E.R. 46-50; U.S. Br. 9; J.S. 20; J.A. 

300-345; Mot. to Affirm 9; GX 3; or 6/19/84 Tr. 9). However, use “, at” to 

distinguish a page number from a numbered document (e.g., “Doc. 12, at 20”; 

“C.R. 12, at 20” (this is an example of a numbered document in the Ninth 

Circuit original record; original paging is retained)). When using this form, 

always include the comma prior to “at.” 

Apr. 2014 13 
Also, use “at” in parenthetical citation[s] set off from the text when the 

surrounding context has already identified the court document. For 

example: 

As we stated earlier in our petition (at 3) 

* * * . 

BUT: 

As we stated earlier (Pet. 3) * * * . 

Furthermore, use “at” when citing pages using “id.” (e.g., id. at 9a.). Do not, 

however, use “at” with “id.” when citing sections (§), paragraphs (¶), etc. 

Citations of a section or act contained in the Statutes at Large should 

identify the page on which the section or act begins. Citations of a portion of 

a section should include only the page(s) on which the relevant material 

appears. 

Citations of the Federal Register should include page references only to 

those pages on which relevant material appears. Federal Register citations 

should not include references to the first page on which a document begins. 

When a brief contains multiple appendices, do not cite a specific appendix 

(e.g., J.S. App. A, Pet. App. D) except in unusual circumstances (e.g., when 

multiple appendices are separately paginated, citations to a specific appendix 

are necessary). As long as the appendix pages are consecutively or 

distinctively numbered, it is accurate and helpful to the reader to identify the 

range of specific page numbers when referring to the particular appendix. 

Thus: 

The court of appeals affirmed. Pet. App. la-45a. 

NOT: 

The court of appeals affirmed. Pet. App. A. 

When citing pages from another party’s appendix, eliminate unnecessary 

hyphens. Thus, even if an appendix is paginated “1-a” or “A-1,” refer to 

“1a” or “A1.” This will avoid awkward forms (e.g., Pet. App. 1-a to 4-a). It 

is also acceptable to collapse appendix names and numbering (e.g., Pet. App. 

B4 rather than Pet. App. B, at 4). 

Apr. 2014 14 
For citation of pages as internal cross-references, see Rule 3.6. 

Contrary to Rule 3.3(b), repetitious digits will not be dropped when citing 

multiple pages and/or footnotes. For example: 

88 Harv. L. Rev. 1127, 1130-1136 & nn.106-107 

NOT: 

88 Harv. L. Rev. 1127, 1130-36 & nn.106-07 

“Et seq.” is not used when referring to multiple pages. Rather, “et seq.” is 

used only when referring to multiple sections or paragraphs. For example: 

National Environmental Policy Act of 1969, Pub. L. 

No. 91-190, 83 Stat. 852 

NOT: 

National Environmental Policy Act of 1969, Pub. L. 

No. 91-190, 83 Stat. 852 et seq.

3.2(b) Footnotes

The OSG style for citing footnotes that span more than one page is the same 

as that in the Bluebook, but confusion exists concerning its application. 

Rule 3.2(b) reads (emphasis added): 

To cite [all of] a footnote that spans more than one 

page, cite only the page on which the footnote begins, 

“n.,” and the footnote number[.] * * * When 

referring only to specific pages of a footnote that 

spans more than one page, cite only the specific 

pages, rather than the page on which the footnote 

begins[.] 

When citing a range of pages, as well as a footnote on a page within that 

range, two choices exist. Either cite the page range followed by an 

ampersand (&), “n.,” and the footnote number, or cite the page range, 

followed by the page on which the footnote begins, “n.,” and the footnote 

number. Examples: 

Apr. 2014 15 
Pet. Br. 3-5 & n.1

 

 OR: 

 Pet. Br. 3-5, 4 n.1 

When a filing has only one footnote in the text, an asterisk (*) is used in lieu 

of a footnote number. Also, asterisks are used in lieu of footnote numbers in 

the “Question Presented,” “Parties to the Proceeding,” and signature-block 

sections. The numeral one (1) will then be used for a single footnote in the 

text. 

3.3 Sections and Paragraphs 

Section symbols (§) are not used in citations to the U.S.C. or C.F.R. We will 

use the section symbol in citations to federal and state session laws and state 

codes that use section symbols. For example: 

42 U.S.C. 2000e 

7 C.F.R. 1962.5 

Buck Act, ch. 787, § 7, 54 Stat. 1060 

Airline Deregulation Act of 1978, Pub. L. No. 95-504, 

§ 20(d)(1), 92 Stat. 1722 

Act of Apr. 25, 1978, No. 515, § 3, 1978 Ala. Acts 569 

Iowa Code § 235A.1 (1994) 

Rule 12.4(d) regarding session laws amending prior acts will now be 

followed. This rule provides that (emphasis added): 

Session laws amending prior acts are often divided 

into sections within sections; that is, the session 

law is divided into primary sections, and these 

sections, in turn, contain sections of the amended 

act. Cite the bill’s sections by abbreviation 

(sec.) and the amended act’s sections by symbol (§): 

Labor-Management Relations Act, ch. 120, sec. 

101, § 8(a)(3), 61 Stat. 140-[1]41. 

Apr. 2014 16 
As a general rule, section symbols are not used in text; rather, spell out the 

word “Section.” An exception to this rule and Rule 12.9.5 occurs when 

referring to specific sentencing guidelines in accordance with the following 

examples: 

Sentencing Guidelines § 1B1.3 provides that 

* * * . 

The en banc court of appeals held that Sentencing 

Guidelines § 1B1.3 requires * * * . 

BUT: 

Section 1B1.3 provides * * * . 

The en banc court of appeals stated that Section 1B1.3

should be interpreted as * * * . 

When citing an individual paragraph in a source, the written abbreviation 

(“para.”) should be used when the source itself does not number its paragraphs. When the source uses numbered paragraphs, they may be cited 

with a paragraph symbol (¶) even if that symbol does not appear next to the 

numbers in the source (as is commonly the case with Presentence Investigation Reports, pleadings, declarations, affidavits, and orders by 

administrative agencies). 

3.3(b) Multiple Sections and Subsections 

We will use “et seq.” in citing multiple sections of statutes or regulations 

when a precise range of section numbers is not needed for clarity (e.g., 

Administrative Procedure Act, 5 U.S.C. 551 et seq.). In compilations that 

use section symbols (§), the symbol should be used twice for “et seq.” 

citations: “D.C. Code Ann. §§ 36-301 et seq.” 

We will not drop digits in citing multiple sections, subsections, or paragraphs 

(18 U.S.C. 2113, 2114, 2115). We will, however, continue to drop repetitive 

digits and letters when citing a number of subsections, unless this produces a 

confusing citation. In addition, we will substitute the word “and” for what 

would be the comma separating the last two cited subsections. For 

example: 

18 U.S.C. 2113(a) and (d) 

18 U.S.C. 2113(a), (b) and (d) 

Apr. 2014 17 
18 U.S.C. 2113(a)-(d) 

18 U.S.C. 2113(a)(1) and (d) 

18 U.S.C. 1936a-1936d [not: 18 U.S.C. 1936a-d, 

which would be confusing] 

7 C.F.R. 1980.170(a), (b)(1) and (3) 

Multiple paragraphs should be treated like multiple sections. 

1 Blue Sky L. Rep. (CCH) ¶¶ 4471-4474 

3.4 Appended Material 

Notwithstanding Rule 3.4, we will continue to use “App.” with a capital “A” in 

referring to statutory and other appendices. 

When citing pages from another party’s appendix, eliminate unnecessary 

hyphens. For example, even if an appendix is paginated “1-a” or “A-1,” 

refer to “la” or “A1.” This will avoid awkward forms (e.g., Pet. App. 1-a to 

4-a). It is also acceptable to collapse appendix names and numbering (e.g., 

Pet. App. B4 rather than Pet. App. B, at 4). 

For additional rules on how to cite appendices, see Rules 3.3(a) and 10.8.3. 

3.5 Internal Cross-References 

Despite Rule 3.5, we will continue to cross-reference portions of text and 

footnotes by placing “supra” or “infra” after the page or note being 

cross-referenced: 

See p. 41, supra. 

See note 4, infra. 

See also pp. 43-44, supra. 

“Page” will generally be abbreviated “p.,” but “note” will be spelled out. 

Use the form “App., infra, 1a-5a” or “App., infra” when citing an appendix 

bound together with the brief it accompanies. For citations to separately 

bound appendices, use the following form without “infra” (descriptive names, 

numbers, etc. can be added): 

Apr. 2014 18 
App. 18a 

Pet. App. 32a 

02-1222 Pet. App. 133 

Resp. Exxon App. 12a 

4 Short Citation Forms 

Short citation forms (e.g., id. at) will usually include “at” preceding the 

specific page number. However, if what is being referenced is not a page 

but a section (§) or paragraph (¶), “at” is not used. For example: 

Church of Scientology, 506 U.S. at 10 

506 U.S. at 11 

Id. at 9 

Church of Scientology, slip op. 3 

Gov’t Br. 26 

Id. at 27 

Tribe § 26 [a book] 

Id. § 27 

135 Cong. Rec. at 23,420 

4.1 “Id.”

The use of “id. at” and “ibid.” should be limited to instances where the 

immediately preceding citation refers to the same authority. In other 

words, if there is an intervening citation to a different authority, then a 

subsequent citation to a previously cited authority should be cited in full or in 

an appropriate short form. Note: explanatory parentheticals do not count 

as intervening citations. 

“Id.” and “ibid.” cannot be carried into subsequent paragraphs. A full 

citation must be recited in each new paragraph. 

Apr. 2014 19 
For purposes of this rule, it should be understood that a mere textual 

reference to a constitutional, statutory, or regulatory provision, case name, 

etc., need not be regarded as an intervening citation. For example: 

The court of appeals affirmed. Pet. App. la-18a. 

Relying on Smith, the court upheld the application of 

Section 201 to this case, id. at 4a, and rejected 

petitioner’s challenge under the Due Process Clause, 

ibid. 

NOT: 

The court of appeals affirmed. Pet. App. la-18a. 

Relying on Smith, the court upheld the application of 

Section 201 to this case, Pet. App. 4a, and rejected 

petitioner’s challenge under the Due Process Clause, 

Pet. App. 4a. 

Sources identified in explanatory parentheticals are ignored for purposes of 

determining whether to use “id. at” or “ibid.” For example: 

The court recognized that deference is not owed to 

an agency’s interpretation of a statutory scheme it 

is charged with administering. Pet. App. 12a (citing 

Chevron, 467 U.S. at 843-844). The court concluded 

that the agency’s construction of Section 201 was a 

reasonable one. Id. at 14a. 

NOT: 

The court recognized that deference is not owed to 

an agency’s interpretation of a statutory scheme it 

is charged with administering. Pet. App. 12a (citing 

Chevron, 467 U.S. at 843-844). The court concluded 

that the agency’s construction of Section 201 was a 

reasonable one. Pet. App. 14a.

We will depart from Bluebook Rule 4.1 to the extent that we will use “ibid.” 

when citing the same authority and same page (or section, or paragraph) as 

in the immediately preceding citation. This rule should not be construed to 

preclude use of abbreviations such as “Tr.,” “Pet.,” or “J.A.” in consecutive 

citations. Such abbreviations are convenient and, accordingly, there will 

normally be no need to replace them with “id. at.” Likewise, when an 

Apr. 2014 20 
author or editor wishes for some reason to repeat a complete citation rather 

than to use “id. at,” it is permissible to do so as long as it is done consistently. 

Neither “id. at” nor “ibid.” is used to refer to a source that is part of a citation 

sentence containing more than one citation unless it is referring to the 

immediately preceding citation. “Ibid.” can be used to refer to all of the 

sources identified in a previous citation sentence containing multiple sources, 

provided that the latter citation also refers to all of the same pages in the 

prior citations. For example: 

Petitioner argued in the court of appeals and the 

district court that * * * . Pet. App. 3a; C.A. 

App. 340. Petitioner further argued that 

* * * . Ibid. 

NOT: 

Petitioner argued in the court of appeals and the 

district court that * * * . Pet. App. 3a; C.A. 

App. 340. Petitioner further argued that 

* * * . Id. at 340. 

The Bluebook allows for the use of “id. § X” when citing a different section of 

the same work cited in the immediately preceding citation. This format 

(“id.” without the word “at”) may also be used when citing other organized 

segments (e.g., ch., §, ¶, para., Pt., Subpt., Tbl., Ex., etc.) of a work. This 

rule, however, shall not be applied to statutory or regulatory sections in the 

United States Code or C.F.R. For those sources, “id. at” is not an appropriate short form (although “ibid.” is). 

4.2 “Supra” and “Hereinafter” 

4.2(a) “Supra”

Generally, “supra” is not used. There are two narrow exceptions to this 

rule: internal cross-references and cases cited to generally. 

In most instances, “supra” shall not be used to refer to cases previously 

cited. However, we will use “supra” when we use the case name without a 

page citation. A case may be cited in its entirety with its full name and 

“supra” (e.g., Wuchter v. Pizzutti, supra), but if the case name is long, it is not 

necessary to repeat it entirely. A previously introduced short cite may be 

used with supra as well. For example, Valley Forge, supra, would be an acApr. 2014 21 
ceptable substitute for Valley Forge Christian College v. Americans United 

for Separation of Church and State, Inc., supra. 

Inclusion of “supra” may also be appropriate if the attorney wishes to ensure 

that the citation will be noted in the table of authorities (which otherwise 

does not include page references to cases that are mentioned only textually). 

For internal cross-references, see Rule 3.5. 

4.2(b) “Hereinafter” 

We depart from the Bluebook in that the word “hereinafter” is not used to 

introduce a short form for an authority that would be cumbersome to cite 

repeatedly. Instead, a short name will be introduced in parentheses (without quotation marks) immediately following the source, and the shortened 

form shall be in the same typeface as the source. For example: 

Proposed Amendments to the Federal Rules of Criminal 

Procedure: Hearings Before the Subcomm. on Criminal 

Justice of the House Comm. on the Judiciary, 95th 

Cong., 1st Sess. 93 (1977) (Hearings)

Subsequent references use the defined short form with the appropriate page, 

section, or paragraph (without the word “at” or “supra”): 

Hearings 95 

5 Quotations 

5.1 Formatting of Quotations 

When quoting language that is itself entirely a quotation, do not enclose the 

quotation in both double (“) and single (‘) quotation marks; double quotation 

marks alone will do. For example: 

In Mead, the Court stated that “[i]f the intent of 

Congress is clear, that is the end of the matter.” 

Mead Corp. v. Tilley, 490 U.S. at 722 (quoting Chevron 

U.S.A. Inc. v. NRDC, Inc., 467 U.S. 837, 842-843 

(1987)). 

NOT: 

Apr. 2014 22 
In Mead, the Court stated that “‘[i]f the intent of 

Congress is clear, that is the end of the matter.’

Corp. at 722 (quoting 

” 

Mead v. Tilley, 490 U.S. Chevron 

U.S.A. Inc. v. NRDC, Inc., 467 U.S. 837, 842-843 

(1987)). 

In the first example, it is not necessary to indicate parenthetically “internal 

quotation marks omitted” in this situation. See Rule 5.3. The office 

preference is to indicate parenthetically the original sources of “quotes 

within quotes,” provided the result is unambiguous. 

When needed to distinguish quoted material from a quotation of a quotation, 

however, single and double quotations may be used together for clarity.

In Mead, the Court addressed whether ERISA “requires 

a plan administrator to pay plan participants 

unreduced early retirement benefits provided under 

the plan before residual assets may revert to an 

employer,” stating that “‘[i]f the intent 

end of the matter.’

of Congress 

is clear, that is the ” Mead Corp. 

v. Tilley, 490 U.S. at 722 (quoting Chevron U.S.A. 

Inc. v. Natural Res. Def. Council, 467 U.S. 837, 

842-843 (1987)).

We will use double quotation marks (“), not single quotation marks (‘), for 

material quoted within indented quotations (which do not begin or end with 

quotation marks). No explanatory parenthetical is needed, nor are any 

brackets needed to indicate this alteration. 

Citations may either precede or follow indented quotations. Citations 

following an indented quotation are to be aligned with the left margin in the 

line immediately following the quotation. 

5.1(a), Quotations of More Than 50 Words; Quotations of 50 or Fewer Words 

5.1(b) 

This office deviates slightly from the Bluebook rule, in that we will follow 

Supreme Court Rule 33.1(b), which requires quotations in excess of 50 words 

to be indented. Whether to indent shorter quotations remains a matter of 

judgment for the author. 

Apr. 2014 23 
5.2 Alterations and Quotations Within Quotations 

Alterations to a quotation must be indicated by the use of brackets. 

We will use double quotation marks (“), not single quotation marks (‘), for 

material quoted within indented quotations, which do not begin or end with 

quotation marks. 

Alteration of the emphasis in the original text is indicated in a parenthetical 

following the quote with either “emphasis added” or “emphasis omitted.” If 

the emphasis of the original text is not altered, do not indicate in a 

parenthetical “emphasis in original.” A quotation is presumed to be 

unaltered unless an alteration is noted. 

Any parenthetical that indicates alteration of a quotation contained in a 

parenthetical should directly follow the quotation and precede any 

subsequent history. For example: 

Campbell v. Fair, 838 F.2d 1, 4 (1st Cir.) (“Mere 

presence at the scene of the crime, of course, is not 

evidence of guilt.”) (emphasis added), cert. denied, 

No. 88-3 (Oct. 3, 1988). 

NOT: 

Campbell v. Fair, 838 F.2d 1, 4 (1st Cir.) (“Mere 

presence at the scene of the crime, of course, is not 

evidence of guilt.”), cert. denied, No. 88-3 (Oct. 

3, 1988) (emphasis added). 

Changes in tense or changes to a single word, such as a change from 

“defendant” to “[petitioner],” are not omissions but substitutions, and need 

not be indicated with the use of asterisks (* * *). Instead, the substituted 

word is placed in brackets. 

For omissions of citations, footnotes, and internal quotation marks, see Rule 

5.3. For structure of the parentheticals, see Rule 1.5. 

5.3 Omissions 

Notwithstanding Bluebook Rule 5.3 and its endorsement of the ellipsis as a 

symbol for omissions from quotations, we will continue to use the asterisk 

form (* * *) that we have used in the past. The use of the asterisks 

eliminates any problem in determining whether a quoted sentence ends 

Apr. 2014 24 
before or after an omission. However, an ellipsis contained within quoted 

material should not be translated into asterisks. The ellipsis is the court’s, 

not OSG’s, and should not be translated from the court’s style into OSG’s. 

An omission at the end of a quoted sentence should not be indicated by 

asterisks between the last word quoted and the final punctuation of the 

sentence quoted. 

If language after the end of a quoted sentence is deleted and the sentence is 

followed by further quotation, retain the punctuation at the end of the 

sentence and insert asterisks before the remainder of the quotation: 

“The need to develop all relevant facts in the 

adversary system is both fundamental and 

comprehensive. * * * [I]t is imperative to the 

function of the courts that compulsory process be 

available for the production of evidence needed 

either by the prosecution or by the defense.” 

If language both at the end and after the end of a quoted sentence is deleted 

and followed by further quotation, place the final punctuation mark of the 

quoted sentence in brackets and use only one set of asterisks to indicate both 

of the omissions: 

“The need to develop all relevant facts in the 

adversary system is * * * fundamental[.] * * * 

[I]t is imperative to the function of the courts that 

compulsory process be available for the production 

of evidence needed either by the prosecution or by 

the defense.”

Per Bluebook Rule 5.3, certain omissions need not be indicated by asterisks. 

For example, omitted citations, footnotes, or internal quotation marks need 

not be indicated by asterisks; a parenthetical stating “internal citation 

omitted,” “footnote omitted,” or “internal quotation marks omitted” suffices. 

Thus: 

“[W]hether the government floods a landowner’s 

property, Pumpelly v. Green Bay Co., 13 Wall. 166 

(1872), or does no more than require the landowner 

to suffer the installation of a cable, Loretto, 

supra, the Takings Clause requires compensation if 

the government authorizes a compelled physical 

Apr. 2014 25 
invasion of property.” Yee v. Escondido, 503 U.S. 

519, 527 (1992). 

can properly be quoted as: 

“[W]hether the government floods a landowner’s 

property, or does no more than require the landowner 

to suffer the installation of a cable, the Takings 

Clause requires compensation if the government 

authorizes a compelled physical invasion of 

property.” Yee v. Escondido, 503 U.S. 519, 527 

(1992) (internal citations omitted).

We will not use “footnote omitted” to indicate that a footnote number that 

follows the last word quoted has been omitted. 

We will follow the Bluebook by attributing a quotation within a quotation to 

the original source. However, if this is not possible, or the attorney does not 

want to do this, we will use “citation omitted” to indicate that we have not 

attributed a quotation within a quotation to its original source. We will also 

use “citation omitted” when we have omitted a citation from quoted material 

without so indicating by asterisks. Thus, either of the following forms 

suffices: 

Justice White’s dissent in Tarkanian indicated that 

“the NCAA was ‘jointly engaged with [UNLV] officials 

in the challenged action,’ and therefore was a state 

actor.” Slip op. 3 (citation omitted). 

Justice White’s dissent in Tarkanian indicated that 

“the NCAA was ‘jointly engaged with [UNLV] officials 

in the challenged action,’ and therefore was a state 

actor.” Slip op. 3 (quoting Dennis v. Sparks, 449 

U.S. 24, 27-28 (1980)). [This is the preferred style.]

For structure of parentheticals, see Rule 1.5. 

6 Abbreviations, Numerals, and Symbols 

6.1 Abbreviations

Generally, follow the Bluebook’s abbreviations, as set forth in the Tables 

(19th edition of the Bluebook). In text, however, abbreviations are disfavored. 

Apr. 2014 26 
Paralegals should spell out case names in text and abbreviate them in 

citations. However, it is ultimately the author’s decision whether or not to 

abbreviate words in case names. When a word in a case name is 

abbreviated, the abbreviations listed in Bluebook T6 govern. 

There are four exceptions to this rule as applied to case names: 

First, do not abbreviate the first word of a party’s name. 

Second, abbreviate words to achieve consistency throughout a brief. Once a 

word in a case name has been abbreviated, that same word is to be 

abbreviated wherever it appears in any case citation (except when it is the 

first word in a party’s name). 

Third, several words always appear as abbreviations in case names: “&”, 

“Ass’n”, “Bros.”, “Co.”, “Corp.”, “Inc.”, “Int’l”, “Ltd.”, and “No.” For 

additional rules pertaining to abbreviation of case names, see Rule 10.2. 

Fourth, when case names are used textually (in sentences), abbreviations 

will not be used, except for: “&”, “Ass’n”, “Bros.”, “Co.”, “Corp.”, “Inc.”, 

“Int’l”, “Ltd.”, and “No.” 

Bluebook BT1, at 28-29 (19th edition of the Bluebook), sets forth the 

abbreviations to be followed in court documents. 

For business firm designations, follow the 19th edition of the Bluebook: 

omit “Inc.,” “Ltd.,” “L.L.C.,” “N.A.,” “F.S.B.,” and similar terms if the name 

also contains a word such as “Ass’n,” “Bros.,” “Co.,” “Corp.,” or “R.R.,” 

clearly indicating that the party is a business firm. See Rule 10.2.1(h). 

Example: 

Wisconsin Packing Co. v. Indiana Refrigerator Lines, 

Inc.

NOT: 

Wisconsin Packing Co., Inc. v. Indiana Refrigerator 

Lines, Inc.

 

Apr. 2014 27 
6.2 Numerals and Symbols 

6.2(a), Numerals; Ordinals 

6.2(b) 

Despite Rule 6.2, we will only spell out the numbers from zero through ten 

(not through 99) and use numerals for larger numbers. We will follow the 

exceptions to this rule as noted in 6.2(a). For example, round numbers will 

ordinarily be written out when they are used to indicate approximations; 

numbers that begin a sentence will always be written out; and numerals will 

be used where one or more of the numbers in a series exceeds ten. 

Additionally, numerals will be used in counts of an indictment or complaint 

(e.g., Count 1). 

When referring to dates in text, use numbers, not ordinals. For example, 

refer to “September 4,” not “September 4th.” The same principle applies in 

citations, except that in citations the month will be abbreviated as prescribed 

in Bluebook T12 (e.g., Sept. 4, 1996). 

Numbers of five or more digits (including page or paragraph numbers in 

citations) requre commas to separate groups of three digits. Thus, cite “40 

Fed. Reg. 56,895”, not “40 Fed. Reg. 56895.” Do not use commas in 

four-digit numbers. Exception: U.S. Senate or House bill numbers of five 

digits or more (e.g., H.R. 11267) do not take commas. 

When ordinals are used (e.g., when indicating which circuit decided a case in 

a citation), follow the Bluebook and refer to “2d” and “3d,” rather than “2nd” 

and “3rd.” 

Refer to particular hours of the day as follows: 

9 a.m. NOT: 9:00 am.

6.2(c) Section (§) and Paragraph (¶) Symbols

Section symbols (§) are not used in citations to the U.S.C. or C.F.R. 

However, use the section symbol when citing federal and state session laws 

and state codes that use section symbols. For example: 

42 U.S.C. 2000e 

7 C.F.R. 1962.5 

Buck Act, ch. 787, § 7, 54 Stat. 1060 

Apr. 2014 28 
Airline Deregulation Act of 1978, Pub. L. No. 95-504, 

§ 20(d)(1), 92 Stat. 1722 

Act of Apr. 25, 1978, No. 515, § 3, 1978 Ala. Acts 

569 

Iowa Code § 235A.1 (1994) 

Rule 12.4(d) regarding session laws amending prior acts will now be 

followed. This rule provides that: 

Session laws amending prior acts are often divided 

into sections within sections; that is, the session 

law is divided into primary sections, and these 

sections, in turn, contain sections of the amended 

act. Cite the bill’s sections by abbreviation 

(sec.) and the amended act’s sections by symbol (§): 

Labor-Management Relations Act, ch. 120, sec. 

101, § 8(a)(3), 61 Stat. 140-141. 

As a general rule, section symbols are not used in text; rather, spell out the 

word “section.” An exception to this rule occurs when referring to specific 

sentencing guidelines in accordance with the following examples: 

Sentencing Guidelines § 1B1.3 provides that 

* * * . 

The en banc court of appeals held that Sentencing 

Guidelines § 1B1.3 requires * * * . 

BUT: 

Section 1B1.3 provides * * * . 

The en banc court of appeals stated that Section 1B1.3 

should be interpreted as * * * . 

6.2(d) Dollar ($) and Percent (%) Symbols

When referring to large amounts of money, do not use the pure words or 

pure numbers forms in Bluebook Rule 6.2(d). Rather, use the form “$65 

million.” Generally, round off large sums; in any event, refer to even dollars 

as $5, not $5.00. 

Apr. 2014 29 
7 Italicization for Style and in Unique Circumstances

7(b) Foreign Words and Phrases

Despite the strong presumption of Bluebook Rule 7(b) against italicizing 

Latin words and phrases, we will continue to italicize a fortiori, e.g., et seq., 

i.e., infra, inter alia, passim, sic, sub nom., and supra. In addition, because 

the Court itself usually italicizes Latin phrases, the italicization of such 

phrases will generally be up to the individual author’s preference and should 

not be altered by paralegals. A few phrases, however, are used so 

frequently in legal writing and have become so incorporated into English 

usage that we will not italicize them. These are certiorari, mandamus, 

habeas, per se, pro se, ad hoc, and status quo. Similarly, we will not italicize 

the phrase “en banc” (or its variant “in banc”), “per curiam,” or “mens rea.” 

The lowercase letters “l” and “o” will be italicized when used as a subsection. 

For example: 

42 U.S.C. 2000e-2(l) 

42 U.S.C. 2000e-2(o) 

8 Capitalization 

In addition to the notes below, Bluepages B7.3, with its rules on 

capitalization concerning court documents, party designations, and courts, 

provides further assistance on capitalization. For other words, use the table 

of capitalizations in the U.S. Government Printing Office Style Manual 

(2008), located at http://www.gpo.gov/fdsys/pkg/GPO-STYLEMANUAL2008/pdf/GPO-STYLEMANUAL-2008.pdf.

Appendix Refer to appendices, statutory and otherwise, as 

“App.” with a capital “A.” 

Chapter, The words “Chapter” and “Subchapter,” when 

Subchapter referring to regulations, legislative materials, or 

other materials, will be abbreviated “Ch.” and 

“Subchap.” and capitalized. However, when citing 

session laws from the U.S. Statutes at Large, 

references to chapter numbers will be abbreviated 

“ch.” and not capitalized (e.g., White-Slave Traffic 

(Mann) Act, ch. 395, 36 Stat. 825). See Bluebook 

Rule 12.4. 

Apr. 2014 30 
Constitution Despite Rule 8, references to part of a constitution 

(federal, state, or foreign) will be capitalized in both 

text and citations. For example, we will refer in text 

to the Fifth Amendment and to Article III courts. 

Rule 11 will be followed in citations, except that the 

parts are to be capitalized (e.g., U.S. Const. Art. I, § 8, 

Cl. 5). 

Government When referring to the federal government as a party, 

do not capitalize the word “government.” 

Judge, “Judge” or “Justice” is capitalized only when referJustice ring to a Justice or Justices of the Supreme Court 

of the United States, or when referring to any judge 

by name. For example: 

The case was argued before a panel of 

three judges. In his opinion, Judge

Posner wrote * * * . 

The case was argued before eight 

Justices. 

In addition, even though “ALJ” is a commonly used 

abbreviation, refer to the “administrative law judge,” 

without capital letters. 

Section, The words “Section,” “Subsection,” and “Rule,” when 

Subsection referring to statutes and rules of procedure, 

evidence, bankruptcy, etc., will be capitalized. So 

will “Act,” whether or not it refers to a specific 

statute. 

Part, The words “Part” and “Subpart,” when referring to 

Subpart, regulations, legislative materials, or other materials 

itle, will be capitalized. They will be abbreviated in 

Subtitle citations as “Pt.” and “Subpt.” “Title” and 

“Subtitle,” when referring to regulations, legislative 

materials, or other materials, will be capitalized and 

will be abbreviated in citations as “Tit.” and “Subtit.” 

Apr. 2014 31 
State, Capitalize “State(s)” and “Nation” whenever they 

Nation, are used as nouns to refer to one or more of the 

Executive States or the United States, respectively. Do not 

capitalize “state” or “national” when used as an 

adjective, unless it is part of a proper name. Thus, 

“the State Commissioner,” “the National Guard,” “the 

state interest,” and “the State argued in the court of 

appeals” are proper applications of the capitalization 

rule. Similarly, capitalize “Executive” only when 

used as a noun, not as an adjective. Likewise, do not 

capitalize “federal” or “congressional” unless part of a 

proper name. For example: 

The Senate Report clearly indicated 

the congressional intent. 

The Senator’s statements were not 

floor statements, but extensions of 

remarks placed in the Congressional

Record.

Ship names, Use italics with an initial capital letter for the names 

Aircraft, for the names of ships and aircraft but do not place 

etc. but do not place preceding names or abbreviations in 

italics. For example: 

the Millennium Falcon 

 

USS Enterprise 

9 Titles of Judges, Officials, and Terms of Court

See Rule 8 regarding capitalization of “judge” or “justice.” 

10 Cases 

For short citations to cases, clarity and ease in locating a full citation are the 

governing principles. There are instances in which a full citation is required 

or preferred. A full citation must be used the first time a case is cited in the 

brief. If a case is cited for the first time in a footnote, however, the source 

Apr. 2014 32 
must be cited in full both in the footnote and where it first appears in the 

text.2 

Although attorney preference and space constraints may dictate otherwise, 

it is preferred that a case be cited in full the first time it is cited in the 

statement of interest, statement, summary of argument, and argument/

discussion sections of the brief. Subsequent citations within the same 

section may take a short form. 

“Id. at” and “ibid.” are not to be used when there is an intervening citation 

(see Rule 4.1). 

10.1 Basic Citation Forms 

10.2 Case Names 

10.2.1(a) Actions and Parties Cited

Identifying phrases and party names that appear in the official caption 

should be appended in parentheses after the formal case name, but before 

the citation. Alternative designations assigned by OSG should be appended 

in a parenthetical following the citation: 

Angelo v. United States, [citation] (Angelo II) 

Area Rate Proceedings (Opinion No. 468), [citation] 

Hart v. Roth (In re Campisano), [citation] 

ILGWU v. NLRB (Bernhard-Altmann Texas Corp.), 

 [citation] 

National Coalition for Public Education & 

Religious Liberty (PEARL)[acronym for party’s 

name] v. Harris, [citation] 

 2 There is one narrow exception to this rule. An attorney may have used a citation that is 

unusually lengthy in a footnote, but he or she does not want to repeat the full citation the first time it is used 

in the text (e.g., a case with a complex extended history). In such instances, these examples can be followed: 

See Jones v. United States, supra note 4, 697 F.2d at 1197. 

See Hearings, supra note 7, at 16.

Apr. 2014 33 
10.2.1(b) Procedural Phrases

Despite Rule 10.2.1(b), we will generally omit “ex rel.” and the name of the 

relator when including that information is cumbersome and unnecessary. 

Thus, use Block v. North Dakota, 461 U.S. 273 (1983), not Block v. North 

Dakota ex rel. Board of Univ. and Sch. Lands, 461 U.S. 273 (1983). This rule 

does not mean that ex rel. should always be eliminated; some cases are well 

known by a name that includes ex rel. (e.g., United States ex rel. Marcus v. 

Hess, 317 U.S. 537 (1943)). Generally, the attorney has discretion whether 

or not to include ex rel., and that choice should not be altered by the 

paralegals. 

10.2.1(c) Abbreviations

Paralegals routinely abbreviate case names in citations. However, it is 

ultimately the attorney’s decision whether or not to abbreviate words in case 

names. When a word in a case name is abbreviated, the abbreviations listed 

in Bluebook T6 will govern. 

There are four exceptions to this rule. First, paralegals will abbreviate 

words to achieve consistency throughout a brief. Once a word in a case 

name has been abbreviated, that same word is to be abbreviated wherever it 

appears in any case citation (unless it is the first word in a party’s name, including the first word after “In re” or “Ex rel.”). 

Second, there are several words that will always appear as abbreviations in 

case names: “&,” “Ass’n,” “Bros.,” “Co.,” “Corp.,” “Inc.,” “Int’l,” “Ltd.,” 

and “No.” For additional rules pertaining to abbreviation of case names, 

see Rule 10.2. 

Third, when case names are used in text (in sentences), abbreviations will not 

be used, except for “&,” “Ass’n,” “Bros.,” “Co.,” “Corp.,” “Inc.,” “Int’l,” 

“Ltd.,” and “No.” 

Fourth, do not abbreviate the first word of a party’s name, including the first 

word after “In re” or “Ex rel.” 

10.2.1(f) Geographical Terms

Rule 10.2.1(f), which prohibits the use of “State of,” “Commonwealth of,” and 

“People of” in case citations except when citing decisions of the courts of that 

particular state, is limited to cases where the proper name of a party includes 

one of those three descriptive terms. In those situations, the prepositional 

Apr. 2014 34 
phrase “of . . . ” is omitted. Thus, where the Commonwealth of 

Pennsylvania is a party in a Pennsylvania state court, the proper citation 

would be: 

Commonwealth v. Thomas, 506 A.2d 420 (Pa. Super. Ct. 

1986) 

 BUT: 

 Abu-Jamal v. Pennsylvania, 555 U.S. 916 (2008) 

In Virgin Islands cases, we will follow the common practice of using 

“Government of the Virgin Islands,” rather than eliminating “Government 

of.” Thus: Government of the Virgin Islands v. Hoheb, 777 F.2d 138 (3d 

Cir. 1985). 

However, where a party to the litigation is a city or other governmental 

entity of lesser consequence than a State (e.g., City of, Town of, County of, 

Village of, Township of” or Hamlet of), the descriptive term is omitted unless 

the expression begins a party name. Accordingly, in cases in which New 

York is a party, regardless of the court the action is being prosecuted in, the 

proper citation would be: 

Clinton v. City of New York, 524 U.S. 417 (1998) 

Omit prepositional phrases of location not following “City” or similar 

expressions, unless the omission would leave only one word in the name of 

the party, or unless the name of the party is a corporate name. Include 

designations of national or larger geographical areas (NOTE: state 

geographical areas are smaller than national geographical areas), except in 

union names, but omit “of America” after “United States”. For example: 

Kiley v. First Nat’l Bank 

Wilder v. City of Richmond 

Smilecare Dental Grp. v. Delta Dental Plan of 

Cal. Inc. [state is part of incorporated name] 

NOT: 

Kiley v. First Nat’l Bank of Maryland 

Apr. 2014 35 
Wilder v. City of Richmond, Virginia 

 Smilecare Dental Grp. v. Delta Dental Plan 

Be aware that in some cultures, a person’s “last” name may comprise more 

than one word. For example: 

Alvarez-Alvarez v. United States 

Garcia y Garcia v. United States 

10.3 Reporters and Other Sources 

10.3.1 Parallel Citations and Which Source(s) to Cite

Generally, parallel citations will be avoided. 

For cases not yet appearing in the U.S. Reports, cite the Supreme Court 

Reporter, but avoid reference to the Lawyers Edition and United States 

Law Week. For cases not yet appearing in the Supreme Court Reporter, 

cite the slip opinion. Parallel citations for state court cases are not required. 

Citations to an official state reporter should be made only where there is no 

parallel citation to the regional reporter. For California and New York 

state cases, cite the regional reporters (California—P., P.2d, P.3d; New 

York—N.E., N.E.2d); if cases are unavailable in those reporters, then cite 

West’s state reporters (California—Cal. Rptr., Cal. Rptr. 2d, Cal. Rptr. 3d; 

New York—N.Y.S., N.Y.S.2d). 

10.4 Court and Jurisdiction 

Although Rule 10.4 generally provides that “[e]very case citation must 

indicate which court decided the case,” this rule is altered when the 

surrounding text clearly indicates which court authored the cited opinion: 

The Second Circuit recently held * * * . 

British Am. Commodity Options Corp. v. Bagley, 552 

F.2d 482 (1977). 

BUT: 

At least one court has held * * * . British Am. 

Commodity Options Corp. v. Bagley, 552 F.2d 482 (2d 

Cir. 1977). 

Apr. 2014 36 
If there are several dispositions within a single case by the same court, the 

court designation needs to be repeated (see example in Rule 10.7.1(a)). For 

example: 

Mata v. Johnson, 99 F.3d 1261 (5th Cir. 1996), vacated 

in part on reh’g, No. 96-20218, 1997 WL 27052 (5th 

Cir. Jan. 23, 1997) 

NOT: 

Mata v. Johnson, 99 F.3d 1261 (1996), vacated in part 

on reh’g, No. 96-20218, 1997 WL 27052 (5th Cir. Jan. 

23, 1997) 

10.4(a) Federal Courts 

In indicating the court of appeals circuit in a case citation’s parenthetical, we 

will follow the Bluebook and refer to “2d” and “3d” rather than “2nd” and 

“3rd.” 

10.4(b) State Courts

When citing state court decisions in regional reporters, include the state 

name in the court parenthetical even if it duplicates information provided 

elsewhere within the citation (e.g., Jones v. Smith, 540 P.2d (Mo. Ct. App. 

1987), aff’d, 542 P.2d 1 (Mo. 1988)). 

10.5 Date or Year

It is not necessary to include a date in the case citation if the surrounding 

text clearly indicates the date: 

In 1977, the Second Circuit held * * * . 

British Am. Commodity Options Corp. v. Bagley, 552 

F.2d 482. 

NOT: 

In 1977, the Second Circuit held * * * . 

British Am. Commodity Options Corp. v. Bagley, 552 

F.2d 482 (2d Cir. 1977) 

If there are several dispositions within a single case in the same year, include 

the year only for the last disposition in that year. For example: 

Apr. 2014 37 
Grimmett v. Brown, 75 F.3d 506 (9th Cir.), cert. 

granted, 116 S. Ct. 2512 (1996), cert. dismissed, 

117 S. Ct. 759 (1997)

NOT: 

Grimmett v. Brown, 75 F.3d 506 (9th Cir. 1996), 

cert. granted, 116 S. Ct. 2512 (1996), cert. 

dismissed, 117 S. Ct. 759 (1997) 

Ninteenth-century Supreme Court opinions (from 2 Dall. through 107 U.S.) 

are often misdated in the United State Reports; paralegals should refer to 

the Supreme Court’s website for the most accurate information. See Anne 

Ashmore, Dates of Supreme Court Decisions and Arguments (Aug. 2006) 

http://www.supremecourt.gov/opinions/datesofdecisions.pdf. 

10.5(c) Pending Cases and Cases Dismissed Without Opinion

Dates of significant activity in pending cases (e.g., filings, arguments, 

argument scheduled, etc.) can be noted in parentheticals following the case 

citation. For example: 

(a) for a case in which a petition for a writ of 

certiorari or jurisdictional statement has been 

filed but not acted on: Smith v. Prisco, petition 

for cert. pending, No. 88-1039 (filed Nov. 10, 1988). 

United States v. Sperry Corp., appeal pending, No. 

88-952 (docketed Oct. 4, 1987); 

[The term “docketed” is used instead of “filed” when 

discussing the filing of a jurisdictional statement. 

Prior to the docketing of the J.S., a Notice of Appeal 

has been “filed” in the lower court notifying that 

court that its decision is being appealed. This does 

not occur with petitions, since petitions are filed 

directly with the Court.] 

(b) for a case in which a petition for a writ of 

certiorari has been granted or probable jurisdiction 

noted, but that has not yet been argued: Browning 

Ferris Indus. v. Kelco Disposal, Inc., cert. granted, 

No. 88-556 (Dec. 5, 1988); United States v. Halper, 

probable jurisdiction noted, No. 87-1383 (June 3, 

1988); 

Apr. 2014 38 
(c) for a case in which argument has been scheduled, 

Suitam v. Tahoe Reg’l Planning, cert. granted, No. 

96-243 (oral argument scheduled for Feb. 26, 1997); and 

(d) for an argued case awaiting decision, Mesa v. 

California, No. 87-1206 (argued Dec. 6, 1988); Jones 

v. Smith, No. 95-12345 (9th Cir. argued June 1, 1996). 

Note that not all information about pending cases is included in the table of 

authorities (TOA). Dates of significant activity are never listed in the TOA; 

the dates are considered to be parenthetical information (which is not 

included in a TOA). If an opinion is cited from a case which is still pending, 

the case is included in the TOA, along with the appropriate subsequent 

history of that opinion (without dates for portions of the subsequent history 

that are still pending). For appropriate explanatory phrases of subsequent 

history, see Bluebook T9. 

In citing pending or unreported cases with multiple parties or numbers, only 

cite the docket number pertaining to the case name listed in the caption; 

never use “et al.”, “et seq.”, or “etc.” to refer to the other parties or numbers. 

For example: 

Shelly v. Kraemer, No. 83-592 

NOT: 

Shelly v. Kraemer, et al., Nos. 83-592 & 83-677 

 NOT: 

Shelly v. Kraemer, Nos. 83-592 et al. 

10.6 Parenthetical Information Regarding Cases

Parenthetical information about a case should follow directly after the citation for that case, before any citation for prior or subsequent history. 

Plurality opinions, as well as other opinions that are not the single, clear 

holding of the majority, must be indicated parenthetically. For a Supreme 

Court decision, if the top of the page of the United States Reports is 

annotated “Opinion of XXXX, J.,” there is a very good possibility that it is a 

plurality opinion.3

 3 The attached guidelines (Attachment 1, p. 64, infra), supplied by the Reporter of Decisions of the 

Apr. 2014 39 
Unless already indicated textually, we will always include the following 

parenthetical information, if applicable: 

(opinion of XXXX, J.) [for plurality opinions] 

 

(XXXX, J., concurring) 

(XXXX, J., concurring in the judgment) 

(XXXX, J., dissenting) 

(XXXX, J., concurring in part and dissenting in part) 

(XXXX, J., in chambers) [NOT: (XXXX, J., Circuit 

Justice)] 

(joint opinion of XXXX and XXXX, JJ.) 

(per curiam) [for Supreme Court decisions; use of 

“per curiam” is discretionary for all 

other courts] 

An opinion in a decision in which the result is unclear or complicated (e.g., 

concurring in part and concurring in part in the result) may be cited as it is 

noted at the top of the page of the United States Reports to conserve space 

or minimize word count. (This form should only be used where necessary 

and not as a replacement for the above-mentioned forms). Thus: 

(opinion of XXXX, J.) 

10.7 Prior and Subsequent History

Denials of certiorari by the Supreme Court should usually be noted; 

however, we generally do not note when the Court denies rehearing. 

Subsequent history does not include negative indirect history (e.g., 

superseded by statute as stated in, disapproved of by, etc.); however, 

paralegals should bring relevant indirect negative history to the attention of 

the assistant revising the brief. 

For further information on how to structure case histories, see Rule 1.5. 

10.7.1 Explanatory Phrases and Weight of Authority

 

Supreme Court, should be used in determining if an opinion is a plurality opinion. 

Apr. 2014 40 
Do not italicize words and abbreviations used to describe the history of a 

given case (e.g., cert. denied, aff’d, rev’d). 

If a cited case was reversed on other grounds, this fact should be indicated in 

the explanatory phrase. 

10.7.1(d) Multiple Dispositions

Often, there will be multiple dispositions by the same court for the same 

case. See the following “fictional” examples: 

Jones v. Smith, 100 F.3d XXX (5th Cir), cert. denied, 

502 U.S. 226, and 502 U.S. 227 (1992) [multiple denials 

of cert. in the same year and same volume of U.S.] 

Jones v. Smith, 100 F.3d XXX (5th Cir), cert. denied, 

502 U.S. 226 (1992) [denial of cert. in the same year] 

Jones v. Smith, 100 F.3d XXX (5th Cir), cert. denied, 

502 U.S. 226, 502 U.S. 238 and 503 U.S. 300 (1992)

[multiple denials of cert. in the same year but in 

different volumes of U.S.] 

Jones v. Smith, 100 F.3d XXX (5th Cir), cert. denied, 

502 U.S. 226, and cert. dismissed, 503 U.S. 300 (1992) 

[denial of cert. and dismissal of cert. in same year] 

Jones v. Smith, 100 F.3d XXX (5th Cir), 

502 U.S. 226 (1992), aff

cert. denied,

’d, 505 U.S. 200 (1993) [denial 

of cert., then subsequent affirmance in different 

years] 

10.7.2 Different Case Name on Appeal

The use of sub nom. is governed by Rule 10.7.2. This rule provides (emphasis added): 

When the name of a case differs in [prior or] 

subsequent history, the new name must be given[.] 

* * * Do not provide a [new] case name[, however,] 

(i) when the parties’ names are merely reversed; (ii) 

when the citation in which the difference occurs is 

to a denial of certiorari or rehearing[, or] (iii) 

Apr. 2014 41 
when, in the appeal of an administrative action, the 

name of the private party remains the same[.] 

When the name of the administrative officer of an administrative agency 

changes, this is merely a change in the name of the public party and would 

not warrant the use of sub nom. to indicate the change of name under this 

rule. 

10.8 Special Citation Forms 

10.8.1 Pending and Unreported Cases 

10.8.1(a) Cases Available on Electronic Media

It is preferred that parallel citations to electronic databases be included 

when citing non-Supreme Court slip opinions. For decisions that are 

unpublished or yet to be reported, an electronic database citation, if 

available, should be included. For example: 

Smith v. Ashcroft, No. 02-7079, 2003 WL 21206 (9th 

Cir. May 20, 2003), slip op. 3 [slip op. citation] 

Smith v. Ashcroft, No. 02-7079, 2003 WL 21206, at *3 

(9th Cir. May 20, 2003) [electronic form citation]

Tate v. Clover, No. 02-1444, 2003 WL 92222 (D. Md. May 

1, 2003) (241 F. Supp. 2d 699) [by attorney request only] 

For more information concerning electronic media citations, see Rule 

10.8.1(a). 

10.8.1(b) Cases Available in Slip Opinions

We will follow the Bluebook in citing slip opinions with several exceptions: 

(1) we will continue to place the slip opinion page citation (but not the 

database page citation) after the date; (2) we will omit the word “at” when 

giving slip opinion page citations (but not when giving electronic database 

page citations) in both full and short citations; (3) the electronic database 

citations may be included, if available; and (4) page citations can be to either 

the slip opinion or the electronic database, but not both. Furthermore, the 

choice of citation (database or slip opinion) should be consistent throughout 

the brief. A typical Supreme Court citation will read as follows: 

Apr. 2014 42 
Babbitt v. Youpee, No. 95-1595 (Jan. 21, 1997), slip 

op. 3 [standard citation style] 

BUT [if attorney requires electronic citations]: 

Babbitt v. Youpee, No. 95-1595, 1997 WL 17839, at *3 

(Jan. 21, 1997) [must include electronic page number] 

For non-Supreme Court slip opinions, use the same format but indicate the 

court in the parenthetical before the date: 

Clark v. Homrighous, No. CIV.A.90-1380-T, 1991 WL 

55402, at *3 (D. Kan. Apr. 10, 1991) 

In citing a recent certiorari denial that is not yet in the Supreme Court 

Reporter, use the following format: 

Tyrues v. Shinseki, cert. denied, No. 13-813 (Apr. 

7, 2014) 

In citing an unreported original case, use the following style: 

Maine v. New York, No. 94, Orig. (May 15, 1985) 

In citing pending or unreported cases with multiple parties or numbers, only 

cite the docket number pertaining to the case name listed in the caption; 

never use “et al.,” “et seq.,” or “etc.” to refer to the other parties or numbers. 

For example: 

Shelly v. Kraemer, No. 83-592

NOT: 

Shelly v. Kraemer et al., Nos. 83-592 & 83-677 

 NOT: 

Shelly v. Kraemer, Nos. 83-592 et al. 

When citing slip opinions, follow the Court’s own style in case numbering, 

but abbreviate “civil” and “criminal” as follows: 

Apr. 2014 43 
Jones v. United States, No. 77 Civ. 1782

 Smith v. United States, Crim. No. 84-1339

NOT: 

Jones v. United States, No. 77 Civil Action 1782

 Smith v. United States, Criminal No. 84-1339

In citations, abbreviate case number information wherever possible and 

eliminate unnecessary words. 

See Rule 10.5(c) for further instructions on how to cite pending cases. 

10.8.1(c) Other Pending and Unreported Cases 

 

A case published in the Federal Appendix is considered to be an unreported 

opinion. 

10.8.2 Fifth Circuit Split

We will not cite Fifth Circuit decisions rendered in 1981 by month, nor will 

we distinguish between Units A and B of the former Fifth Circuit. 

10.8.3 Briefs, Court Filings, and Transcripts 

Citations to court filings (unlike textual references to court filings) are 

abbreviated. Thus: J.S. (jurisdictional statement), Mot. to Affirm. (motion 

to affirm), Pet. (petition), or Br. in Opp. (brief in opposition). Use “Pet. Br.” 

and “Resp. Br.” to refer to briefs for non-government parties, “Gov’t Br.” to 

refer to briefs on behalf of federal officials or agencies, and “U.S. Br.” to 

refer to briefs for the United States. Spell out “Appellant’s,” “Appellee’s,” 

and “Reply,” as well as other identifying adjectives that would create 

confusion if abbreviated. 

In general, any pleading filed in the court of appeals can be cited by adding 

C.A. to the appropriate abbreviation (e.g., Jones C.A. Br., Resp. C.A. Br., 

Pet. C.A. Br.). To prevent confusion when citing briefs for the United 

States filed in courts of appeals, avoid the form “U.S. C.A. Br.” and use 

instead “Gov’t C.A. Br.” No footnoted explanations are necessary for any of 

these conventions. 

Apr. 2014 44 
Use “App.” to refer to an appendix that is bound together with the document 

or filing that it accompanies (e.g., Pet. App.). When there is more than one 

appendix or when there are citations to appendices from the Fifth, Ninth or 

Eleventh Circuits, follow the following examples: 

Appellant’s App. 

Appellee’s App. 

Gov’t C.A. App. [United States appendix or appendix 

for an agency] 

83-1844 C.A. App. [multiple case number appendix] 

Jones C.A. App. [multiple party appendix] 

C.A. E.R. [Excerpts of Record, Ninth Circuit] 

C.A. R.E. [Record Excerpts, Fifth and Eleventh 

Circuits] 

When a brief contains multiple appendices, do not cite a specific appendix 

(e.g., J.S. App. A, Pet. App. D) except in unusual circumstances (e.g., for 

multiple appendices that are separately numbered, citation to a specific 

appendix is necessary). As long as the appendix pages are consecutively or 

distinctively numbered, it is accurate and helpful to the reader to cite the 

range of specific page numbers when referring to a particular appendix. 

Thus: 

The court of appeals affirmed. Pet. App. 1a-45a. 

NOT: 

The court of appeals affirmed. Pet. App. A. 

Use the form “App., infra, 1a-5a” or “App., infra” when referring to an 

appendix bound together with the brief in which the citation appears. 

When citing particular pages in the record or transcript, use the 

abbreviation “R.” or “Tr.” When a multivolume record or a multivolume 

transcript is not paginated consecutively, use the appropriate one of the 

following forms to refer to particular transcript or record pages. 

Apr. 2014 45 
5 Tr. 322 

4 R. 68 

Exhibits are cited as “Ex.,” “U.S. Ex.,” “GX,” “PX,” or “DX.” 

It often will not be sufficient to use one of the above conventions without 

supplying additional information when citing court filings. Examples of 

such situations are citations to court documents filed in consolidated cases or 

cases in which multiple petitions or amicus briefs have been filed. In such 

situations, place the additional identifying information before the abbreviated name of the court filing. For example: 

77-1401 Pet. 23-29 [docket number] 

Smith Pet. 14 [petitioner’s name] 

Jones J.S. App. 15a [appellant’s or appellee’s name] 

ACLU Amicus Br. [name of amicus] 

When introducing page references in citations to court documents related to 

the instant case at any level, do not use “at” (e.g., Pet. 5; Br. in Opp. 14; J.S. 

12; Gov’t C.A. Br. 3; Mem. of Points and Authorities 9). Occasionally, 

authors will cite court filings that are not part of the instant case. These 

citations differ from the citations to court filings in the instant case in several 

ways: They should (a) include “at” after the abbreviated court filing title 

and before the page number, (b) include a case citation after the cited source, 

and (c) parenthetically include the docket number if the opinion has been 

reported. For example: 

Gov’t Br. at 9, Polsby v. Shalala, 113 S. Ct. 1940 

(1993) (No. 92-966) 

U.S. Br. at 9, United States v. MacDonald, No. 80-1582 

(Mar. 31, 1982) 

As discussed in our brief (at 9), Polsby v. Shalala, 

113 S. Ct. 1940 (1993) (No. 92-966) 

For subsequent citations to court documents not related to the instant case, 

“supra” can be used in place of the case citation: 

Gov’t Br. at 10, Polsby, supra (No. 92-966) 

Apr. 2014 46 
No footnoted explanations are necessary for any of these conventions. For 

capitalization of citations to court documents, see Bluepages B7.3. For 

more information concerning citations to court filings, see Rule 8. For information on how to structure the citation, see Rule 1. 

10.9 Short Forms for Cases

As discussed in Rule 4.2(a), generally “supra” is not used to refer to cases 

previously cited. However, “supra” will be used when citing the case name 

without page citation. An entire case may be cited with the use of “supra” 

(e.g., Wuchter v. Pizzutti, supra), but “supra” may also be used with an 

established short form for a case name. For example, Valley Forge, supra, 

could be used in place of Valley Forge Christian College v. Americans United 

for Separation of Church & State, Inc., supra. 

A short form of citation can include either one or both parties in the caption, 

as Rule 10.9 indicates. Thus, both United States v. Calandra, 414 U.S. at 

343, and Calandra, 414 U.S. at 343, are good short forms. 

Even when a short form for a case name adopts the first word or words of a 

party’s name, the short form should still be formally established with a 

parenthetical. Thus: 

Goodyear Dunlap Tires Operations, S.A. v. Brown, 131 

S. Ct. 2846 (2011) (Goodyear). 

NOT: 

Goodyear Dunlap Tires Operations, S.A. v. Brown, 131 

S. Ct. 2846 (2011). * * * Goodyear, 131 S. Ct. 

at 2851. 

Short citations to slip opinions (as opposed to electronic databases) do not 

use the word “at” before the page citation. For example: 

Carlucci, slip op. 10 [slip opinion] 

BUT: 

Clark, 1991 WL 5088, at *2 [electronic database] 

Apr. 2014 47 
Constitutions, Statutes, and Legislative, Administrative, and Executive Materials 

11 Constitutions

As discussed in Rule 8, references to part of a constitution (federal, state, or 

foreign) will be capitalized in both text and citations. In text, refer to the 

“Fifth Amendment” and “Article III.” Follow Bluebook Rule 11 in 

structuring citations to constitutions (e.g., U.S. Const. Amend. XIV, § 2). 

In accordance with Rule 11, there is no comma dividing “U.S. Const.” and the 

first subdivision in the citation. Thus: 

U.S. Const. Art. I, § 9 

 NOT: 

 

 U.S. Const., Art. I, § 9. 

12 Statutes 

12.3 Current Official and Unofficial Codes

For federal statutes, cite only the United States Code and not unofficial 

codes (U.S.C.A. or U.S.C.S.). If the relevant section is not yet in the United 

States Code, cite the Statutes at Large. 

Statutes in the United States Code will be cited without section symbols (§). 

We will, however, continue to use section symbols in citations to the Statutes 

at Large, state session laws, and state codes that themselves use the symbol. 

12.3.1 Additional Information 

12.3.1(a) Name and Original Section Number

Abbreviations and popular or shortened names should be appended in 

parentheses as follows: 

Federal Pesticide Act of 1978 (1978 Amendments) 

Labor Management Relations (Taft-Hartley) Act 

Longshoremen’s and Harbor Worker’s Compensation Act 

(Longshoremen’s Act) 

Apr. 2014 48 
Sherman Act (the Act) 

Financial Institutions Reform, Recovery, and 

Enforcement Act of 1989 (FIRREA)

12.3.1(e) Supplements

When citing the United States Code, include a date only for clarity or if the 

cited section derives from a supplement or from an edition other than the 

most recent full edition of the Code. When an entire act is cited by the use 

of “et seq.”, do not include a date even if portions of the act are contained in 

more recent supplements. For example: 

Immigration and Nationality Act, 8 U.S.C. 1101 

et seq. 

NOT: 

Immigration and Nationality Act, 8 U.S.C. 1101 

et seq. (2006 & Supp. V 2011) 

When citing material in federal and state statutes, cite pocket parts and 

bound supplements as “Supp.” (Retain all other normal identifying words.) 

For example: 

Mo. Ann. Stat. § 514.140 (West Supp. 1984) 

NOT: 

Mo. Ann. Stat. § 514.140 (West Cum. Pocket Pt. 1984) 

12.3.2 Year of Code

United States Code sections will be cited without dates when the statute 

appears in the most recent full compilation of the United States Code. 

Currently, the most recent full compilation of the United States Code is the 

2006 edition. Even though Supplements I-V and portions of the 2012 

United States Code have been published, a citation without a date still refers 

to the 2006 edition. 

When citing years for state statutes (which we do for all such citations), 

include the year and whether the statute appears in a supplement, but not 

Apr. 2014 49 
the fact that the supplement is a replacement volume, a revised volume, or a 

reissued volume. For example: 

Ind. Code Ann. § 31-1-7-3 (Michie 1980) 

S.D. Codified Laws Ann. § 5-11-6 (Michie 1980) 

Neb. Rev. Stat. § 33-116 (1978) 

NOT: 

Ind. Code Ann. § 31-1-7-3 (Michie repl. 1980) 

S.D. Codified Laws Ann. § 5-11-6 (rev. 1980) 

Neb. Rev. Stat. § 33-116 (1943 reissued 1978) 

12.4 Session Laws

Sections will be cited with section symbols (§) in citations to the Statutes at 

Large, state session laws, and state codes that themselves use the symbol. 

For example: 

Buck Act, ch. 787, § 7, 54 Stat. 1060 

Airline Deregulation Act of 1978, Pub. L. No. 95-504, 

§ 20(d)(1), 92 Stat. 1722 

12.4(a) Name

Append abbreviations, popular names, or shortened names in parentheses as 

follows: 

Federal Pesticide Act of 1978 (1978 Amendments) 

Labor Management Relations (Taft-Hartley) Act 

Longshoremen’s and Harbor Worker’s Compensation 

Act (Longshoremen’s Act) 

Sherman Act (the Act)

12.4(b) Volume

Despite Bluebook Rule 12.4(c), do not give the page of the Statutes at Large 

on which an Act begins when citing only part of that Act: 

Apr. 2014 50 
National Environmental Policy Act of 1969, Pub. L. 

No. 91-190, § 102, 83 Stat. 853-854

NOT: 

National Environmental Policy Act of 1969, Pub. L. 

No. 91-190, § 102, 83 Stat. 852, 853-854

However, when citing an entire Act (or treaty), give the page on which the 

Act or treaty begins. Do not follow that page number with et seq., for the 

reason stated in Rule 3.3(b). 

12.4(d) Session Laws Amending Prior Acts

Session laws amending prior acts are often divided into sections within 

sections; that is, the session law itself is divided into primary sections, and 

these sections, in turn, contain sections of the amended act. Cite the session 

law’s sections with the abbreviation “sec.” and the amended act’s sections 

with the symbol “§”: 

Labor-Management Relations Act, ch. 120, sec. 101, 

§ 8(a)(3), 61 Stat. 140-141 

If the codification information is known, it can be included parenthetically 

(“to be codified at xx U.S.C. xxx”). However, any “to be codified at” 

parenthetical is not part of the formal citation; it is merely optional 

supplemental information. 

12.4(e) Year or Date

Acts or sections in the Statutes at Large may be cited with or without dates, 

although the preference is to cite without a date. Even if the author’s 

preference is to include dates, omit the date parenthetical when the year of 

enactment is clear from the name of the statute. 

12.4(f) Codification Information

If a cited session law provision has been codified, give the codified version 

parenthetically. However, do not indicate that the section is “codified at”; it 

can be assumed that this is where the provision is codified. If the provision 

has not yet been codified but the code location is known, it is appropriate to 

indicate parenthetically “to be codified at.” 

Apr. 2014 51 
12.5 Electronic Media and Online Sources

When states and municipalities only publish their official statutes or ordinances online, the online source may be directly cited. 

12.7 Invalidation, Repeal, Amendment, and Prior History 

12.7.3 Amendment 

The Bluebook mandates that subsequent amendments to a statute be noted 

parenthetically. OSG style does not so mandate, but makes including this 

information optional. 

12.9 Special Citation Forms 

12.9.1 Internal Revenue Code 

References in text to the Internal Revenue Code will be to 26 U.S.C.; 

therefore, do not include section symbols (§) when citing Internal Revenue 

Code sections in the brief. However, include section symbols with citations 

to the Internal Revenue Code (I.R.C.) in the table of authorities and give 

appropriate citations to 26 U.S.C. parenthetically. 

12.9.3 Rules of Evidence and Procedure

The abbreviations in Rule 12.9.3 for rules of evidence and procedure are the 

appropriate abbreviations to use in citations. In text, rules of evidence and 

procedure are spelled out. 

12.9.5 Model Codes, Restatements, Standards, and Sentencing Guidelines

As described in part “B1,” supra, we will identify these sources in ordinary 

roman type (rather than large and small capitals). To cite a specific 

Sentencing Guidelines section or commentary, cite as follows: 

Basic citations style: Sentencing Guidelines § 

2F1.1 

Policy Statement: Sentencing Guidelines § 2F1.1, 

p.s. 

Application note: Sentencing Guidelines § 2F1.1, 

comment. (n.1) 

Apr. 2014 52 
Background: Sentencing Guidelines § 2F1.1, 

comment. (backg’d.) 

Introduction: Sentencing Guidelines Ch. 3, Pt. D, 

intro. comment. 

Appendix to Guidelines: Sentencing Guidelines App. 

C, Amend. 70 (effective date)

Do not include dates when citing current federal sentencing guidelines. 

12.10 Short Forms for Statutes

Citations to the United States Code will always be full citations unless “ibid.” 

would be appropriate. Citations to session laws may be shortened in the 

following ways: 

National Environmental Policy Act (the Act) § 102, 

83 Stat. 853-854 

Ibid. 

§ 102(a), 83 Stat. 854 

Id. at 855 [only to be used when there are space 

limitations] 

Section 102 of the Act provides that * * * . 

83 Stat. 854. [textual reference] 

Act § 103, 83 Stat. 856 

NOT: 

§ 102 

Citations to state code provisions will be full citations, except where id. or 

ibid. would be appropriate. For example: 

Id. § 1701 

Id. § 23, 1895 Fla. Laws 20-21 

Apr. 2014 53 
13 Legislative Materials

We will continue referring to both the “Congress” and the “Session” despite 

the Bluebook’s preference for referring only to the “Congress.” 

Italicize titles of books, reports, studies, and legislative documents. 

Hearing titles should always be italicized. Include subject-matter title and 

bill number(s), if any. Do not italicize Congress, Session, or year. Names 

of authors, if available, should be given, as well as institutional authors. 

13.2 Bills and Resolutions 

Congressional Record citations will not be given for either enacted or 

unenacted bills. 

13.4 Reports, Documents, and Committee Prints 

13.4(a) Numbered Federal Reports and Documents

Despite Rule 13.4, we will not give parallel citations to the United States 

Code Congressional and Administrative News (U.S.C.C.A.N.). 

We will depart from the Bluebook on citations to reports of congressional 

committees by stating the Congress and Session separately, and by omitting 

the number of the Congress from the report number, even when the report 

itself bears a hyphenated number such as “100-592.” Also, we will insert 

“No.” before the report number. For example: 

S. Rep. No. 592, 100th Cong., 2d Sess. 16 (1988) 

NOT: 

S. Rep. 100-592, at 16 (1988)

13.5 Debates

When citing the Congressional Record, use the permanent bound edition 

whenever possible. A full citation shall mirror the Bluebook format, but 

may include additional information at the attorney’s discretion. Example: 

135 Cong. Rec. 4610 (1989) (statement of Sen. 

McClure) 

Apr. 2014 54 
Subsequent citations to the same volume are shortened, and may also include 

a parenthetical, as shown: 

135 Cong. Rec. at 4610 (statement of Sen. McClure) 

Except where “id. at” or “ibid.” would be appropriate, a full citation of a daily 

edition of the Congressional Record is necessary: 

140 Cong. Rec. S8525 (daily ed. July 12, 1994) 

(statement of Sen. Warner) 

Id. at S8526 

NOT: 

140 Cong. Rec. at S8526 (daily ed. July 12, 1994) 

13.6 Separately Bound Legislative Histories

Despite OSG’s preference against the use of parallel citations, citations to 

separately bound legislative histories may be retained when useful: 

S. Rep. No. 813, 89th Cong., 1st Sess. 3 (1965), 

reprinted in Subcomm. on Admin. Practice and Procedure, Senate Comm. on the Judiciary, 93d Cong., 2d 

Sess., Freedom of Information Act Source Book: 

Legislative Materials, Cases, Articles 38 (1974) 

14 Administrative and Executive Materials 

14.1 Basic Citation Forms 

Despite Rule 14.1, when citing the Federal Register, we normally omit the 

title of the notice or regulation. For short citations, when neither “id. at” 

nor “ibid.” is appropriate, follow this example: 

55 Fed. Reg. at 36,613

14.2 Rules, Regulations, and Other Publications 

14.2(a) Final Rules and Regulations 

Regulations in the C.F.R. will be cited without dates when the regulation in 

question appears in the most recent full compilation of C.F.R. that contains 

Apr. 2014 55 
the relevant title. Regulations in the C.F.R. will be cited without section 

symbols (§) except when the C.F.R. section number does not reveal the part 

in which it is listed. 

When citing the Federal Register, use the full date, and use commas to 

separate groups of three digits in numbers that contain five or more digits. 

See Rule 6.2. Do not use commas in numbers with four digits or when citing 

United States House and Senate Bills (e.g., H.R. 12222). 

Presidential Papers: Executive Orders, Presidential 

Proclamations, and Reorganization Plans 

As indicated by Bluebook T1 (at 223-224), cite Executive Orders, 

Presidential Proclamations, and Reorganization Plans according to the 

version of 3 C.F.R. in which they appear, whenever possible. (This will 

often require inclusion of the date of the C.F.R. in which the material 

appears, as these sources appear only once, in the compilation version of the 

C.F.R. for the year they were ordered or proclaimed.) Executive Orders 

that can be found in the C.F.R. or the Federal Register will be cited to only 

one of those sources and not additionally to reprintings in the United States 

Code. 

Books, Periodical Materials, and Secondary Sources 

15 Books, Reports, and Other Nonperiodic Materials 

15.1 Author 

When citing books, pamphlets, and other nonperiodic materials in the text, 

we will follow the Bluebook and provide the author’s full name. 

When there are more than two authors, we will follow the Bluebook and use 

the first author’s name followed by “et al.”: 

William P. Keeton et al., Prosser and Keeton on the 

Law of Torts § 1, at 2 & n.5 (5th ed. 1984) 

15.8 Special Citation Forms

15.8(b) Star Edition

Although the Bluebook correctly notes that many editions of Blackstone’s 

Commentaries have star paging, it has become quite common to cite the 

widely available reprint of the first edition (the volumes of which date from 

Apr. 2014 56 
1765 to 1769). The pagination in that edition does not always correspond to 

the star paging, which was based on later editions. Thus, citations of the 

first edition should track those for a regular book: 

1 William Blackstone, Commentaries on the Laws of 

England 91 (1765) 

15.8(c) Other Named Works 

The Bluebook’s special citation form for The Federalist will be followed. 

Please note, however, that as a general matter, Clinton Rossiter’s edition 

should be disfavored, not simply because it has the wrong title (The 

Federalist Papers), but also because it was not intended to be a scholarly 

edition and has therefore “modernized” both spelling and punctuation. 

More reputable editions include those edited by Jacob E. Cooke (1961); 

George W. Carey and James McClellan (2001); and J.R. Pole (2005). 

15.10 Short Citation Forms

15.10.1 Short Forms for Works in Collection

We will generally follow the Bluebook and use “id. at” when referring to 

books, pamphlets, and nonperiodic materials. However, if citing the same 

page(s) or subdivision(s) in the same source as the immediately preceding 

authority, use “ibid.” (not “id.”). 

 Supra

When using short citations to books, pamphlets, and nonperiodic materials, 

do not use “supra.” An appropriate short form will include the author’s last 

name with the specific page reference. For example: 

4 Wigmore § 1302, at 721 

Tribe 1303 

Tribe § 15-1, at 1303 

16 Periodical Materials 

16.2 Author 

For signed materials appearing in periodicals, give the author’s full name. 

Examples: 

Apr. 2014 57 
Charles Heilbrun & John Resnick, Convergencies: Law, 

Literature, and Feminism, 99 Yale L.J. 1913, 1942 

n.122 (1990) 

Richard A. Posner, Realism About Judges, 105 Nw. U. 

L. Rev. 577, 581 (2011) 

16.9 Short Citation Forms 

16.9(a) Id.

We will generally follow the Bluebook and use “id. at” for subsequent citations to periodical materials. However, if citing the same page(s) or subdivision(s) in the same source as the preceding authority, use “ibid.” (not 

“id.”). 

16.9(b) Supra

Do not use “supra” to refer to a previously cited periodical. An appropriate 

short form will include the author’s last name or title of the article, the 

volume number, abbreviated periodical title, and “at” before the page 

citation. Thus: 

Merrill, 52 U. Chi. L. Rev. at 11 

* * * * * 

20 Foreign Materials 

20.3 Cases 

20.3.1 Common Law Cases 

With respect to the citation of cases from Great Britain, Rule 20.3.1 will be 

relaxed in the event the library does not have some of the preferred sources. 

We will follow the rule to the extent the library’s collection permits. 

 

Apr. 2014 58 
21 International Materials 

21.4 Treaties and Other International Agreements 

For United States treaties, OSG’s general rule against the use of parallel 

citations will be altered. Cite official sources and at least one unofficial 

source for which a citation is readily available. Example: 

Agreement Concerning Payments for Certain Losses 

Suffered During World War II, U.S.-Fr., Jan. 18, 

2001, Temp. State Dep’t No. 01-36, 2001, 2001 WL 

416465 

Apr. 2014 59 
Tables 

Table numbers used below correspond to Bluebook tables. Any missing table number 

means that the corresponding Bluebook table is used without exceptions or modifications. 

T1 United States Jurisdictions 

T1.1 Federal Judicial and Legislative Materials 

Federal—Supreme Court 

The first volume of U.S. Reports consists of decisions of Pennsylvania courts only, 

reported by Alexander J. Dallas. Volume 1 contains no U.S. Supreme Court cases. Cite 

Volume 1 of U.S. Reports as 1 Dall. and identify the appropriate Pennsylvania court. 

Example: 

Millar v. Hall, 1 Dall. 229 (Pa. 1778) 

Respublica v. De Longchamps, 1 Dall. 111 (Pa. Oyer & Terminer 

1778) 

T6 Case Names and Institutional Authors in Citations 

As the Bluebook indicates, this table contains only suggested abbreviations. Authors may 

or may not abbreviate words in case names, and paralegals should not change the author’s 

choice; however, when a word is abbreviated, it should be abbreviated consistently 

throughout the document. 

Apr. 2014 60 
BT1 Court Documents

The following abbreviations can be added to the Table: 

 Administrative Record A.R. 

Appendix to a petition for a writ of certiorari Pet. App. 

Appendix/Joint Appendix filed in the court of appeals C.A. App. 

(unless more than one) 

Brief for nongovernment party Pet. Br. 

Resp. Br. 

Brief filed by the United States in the court of appeals Gov’t C.A. Br. 

Brief in opposition Br. in Opp. 

Brief on behalf of government agency Gov’t Br. 

 Defendant’s Exhibit DX or 

 Def.[’s] Ex. 

Docket entries 

By date 01-1862 Docket entry (8th Cir. 

Apr. 17, 2002) 

By entry number 97-CR-290-1 Docket entry 

No. 322 (E.D. Mo. July 30, 1999) 

Documents (numbered) Doc. 12, at 20 

in original record; ori- Note: the attorney may also cite to the 

ginal pagination is actual documents in the lower courts: 

retained D. Ct. Doc. 658, at 4 (June 23, 2009) 

 Excerpts of Record (9th Cir.) E.R. 

 Exhibit Ex. 

 Government (Agency’s) Brief Gov’t Br. 

 

Apr. 2014 61 
 Government’s Exhibit GX or 

 Gov’t Ex.

 Joint Appendix J.A. 

 Jurisdictional Statement J.S. 

 Merits Brief Br. 

 

 Motion to Affirm Mot. to 

 Affirm

 Motion to Dismiss Mot. to 

 Dismiss

 Petition for a Writ of Certiorari Pet. 

 Petition for Rehearing Pet. for Reh’g 

 Plaintiff’s Exhibit PX or 

 Pl.[’s] Ex. 

 Record R. 

Record Excerpts (Fifth and Eleventh Circuits) R.E. 

Reply Brief Reply Br. 

Reply Brief at the Cert. Stage Cert. Reply Br. 

Reply Brief on the Merits Merits 

 Reply Br.

Supplemental Brief Supp. Br. 

Transcript Tr.

United States Brief U.S. Br. 

United States Court of Appeals Brief Gov’t 

 C.A. Br.

Apr. 2014 62 
Miscellaneous abbreviations: 

 Judgment J. 

 Paragraph Para. or ¶ 

 Plea Transcript Plea Tr. 

 Sentencing Transcript Sent. Tr. 

Apr. 2014 63 
ATTACHMENT 1 

10.6 Parenthetical Information Regarding Supreme Court Opinions

A plurality opinion is an opinion announcing the judgment of the Court in a case 

where a majority of the Court agrees in the result, but there is no majority agreeing with 

the rationale by which that result is reached, and where there are more Members of the 

Court agreeing with the rationale in the opinion announcing the judgment than with any 

other rationale (dissenters are not counted in determining whether there is a plurality). 

E.g., there was a plurality opinion in United States v. MacCollom, 426 U.S. 317 (1976), 

where Justice Rehnquist announced the judgment of the Court in an opinion in which the 

Chief Justice and Justices Stewart and Powell joined, and Justice Blackmun filed an opinion concurring in the judgment. 

The joint opinions of Justices Stewart, Powell, and Stevens, announcing the 

judgments in the death penalty cases Gregg v. Georgia, 428 U.S. 153 (1976); Proffitt v. 

Florida, 428 U.S. 242 (1976); and Jurek v. Texas, 428 U.S. 262 (1976), have sometimes been 

erroneously cited as plurality opinions. Those joint opinions are in fact not plurality 

opinions because there were three other Justices who, while concurring in the judgments, 

agreed on a rationale different from that of the opinions announcing the judgments. The 

joint opinions of Justices Stewart, Powell, and Stevens announcing the judgments in the 

other death penalty case decided at the same time, Woodson v. North Carolina, 428 U.S. 

280 (1976), and Roberts v. Louisiana, 428 U.S. 325 (1976), are, however, plurality opinions, 

because only two other Justices—each of whom filed separate statements concurring in the 

judgments—have followed a rationale different from the joint opinions in reaching the 

results. 

The joint opinions in Gregg, Proffitt, and Jurek should be referred to as joint 

opinions. See United States v. Pomponio, 429 U.S. 10 (1976). Do not use the terms 

“prevailing opinion” or “pivotal opinion,” although the term “principal opinion” may be 

acceptable (see Wainwright v. Spenkelink, 442 U.S. 901, 902 (1979), penult. line; Hopper v. 

Evans, 456 U.S. 605, 611 (1982)). The term “principal opinion” has also been used to refer 

to an opinion, part of which is a majority opinion and part of which is a plurality opinion. 

See Parker v. Randolph, 442 U.S. 62, 77, 78, 80 (1979). An extreme example of a case 

where the opinion announcing the judgment of the Court is not a plurality opinion is 

Oregon v. Mitchell, 400 U.S. 112, 117 (1970). Justice Black announced the judgments in an 

opinion “expressing his own view of the cases.” See also Bellotti v. Baird, 443 U.S. 622, 

622, 651 (1979), for another example of a case where there was no plurality opinion (the 

opinion announcing the judgment is joined by three Justices, but the opinion concurring in 

the judgment is also joined by three Justices). 

NOTE: Concurring in the judgment and concurring in the result mean the same 

thing. But do not say “Justice X, concurring” where the Justice does not vote with the 

majority. Also, consistency should be maintained: Do not say “Justice X, concurring in 

the judgment” where an opinion concludes: “For the foregoing reasons I concur in the 

result.” 

Apr. 2014 64 
OFFICE OF THE SOLICITOR GENERAL SUPPLEMENT TO THE 

SUPREME COURT RULES 

INTRODUCTION 

While the Supreme Court Rules govern the format of briefs filed in the Court, the rules 

provide only general guidelines. The following rules are intended to supplement the 

Supreme Court Rules in that they provide detailed information on the format of briefs filed 

by the Office of the Solicitor General. 

A. COVER PAGE

1. Eliminate all punctuation at the end of lines in the counsel listing on the cover and last 

page of the brief. The typical counsel listing on the cover of a brief will look as follows: 

DONALD B. VERRILLI, JR. 

 Solicitor General 

 Counsel of Record 

STUART F. DELERY

 Assistant Attorney Genera1 

RICHARD DOE

DAVID DOE

 Attorneys 

 Department of Justice 

 Washington, D.C. 20530-0001 

 SupremeCtBriefs@usdoj.gov 

 (202) 514-2217 

Apr. 2014 65 
When outside agency personnel are listed, the cover page will look as follows: 

DONALD B. VERRILLI, JR. 

 Solicitor General 

Counsel of Record 

THOMAS L. SANSONETTI

Assistant Attorney General 

PAUL D. CLEMENT

Deputy Solicitor General 

AUSTIN C. SCHLICK

Assistant to the Solicitor 

MARY ANNE GIBBONS General 

 General Counsel 

DAVID M. COHEN

LORI J. DYM Attorney 

Attorney 

Office of General Counsel Department of Justice 

United States Postal Washington, D.C. 20530-0001 

 Service SupremeCtBriefs@usdoj.gov 

Washington, D.C. 20260 (202) 514-2217 

 

On a reply brief or memorandum, the counsel listing will look as follows: 

DONALD B. VERRILLI, JR. 

 Solicitor General 

Counsel of Record 

Department of Justice 

Washington, D.C. 20530-000 

 SupremeCtBriefs@usdoj.gov

 (202) 514-2217 

 

Apr. 2014 66 
2. Cover pages of briefs filed on behalf of military services should use the following 

format: 

DONALD B. VERRILLI, JR. 

 Solicitor General 

NORMAN G. COOPER Counsel of Record 

Col., JAGC, USA Department of Justice 

Washington, D.C. 20530-0001 

GARY F. ROBERSON SupremeCtBriefs@usdoj.gov 

Lt. Col., JAGC, USA 202) 514-2217 

PATRICK HEWITT

Capt., JAGC, USA 

Government Appellate Division 

Appellate Government Counsel 

United States Army 

 Legal Services Agency 

Falls Church, VA 22041-5013 

3. When a single opposition is filed in response to more than one petition, the cover and 

title pages of the opposition should include appropriate plurals: 

ON PETITIONS FOR WRITS OF CERTIORARI 

TO THE UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

Note the special circumstances in which there is a direct appeal from a District Court: 

ON APPEAL FROM THE 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

At the merits stage, the cover and title pages should read: 

ON WRIT OF CERTIORARI 

TO THE UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

4. Merits briefs as amicus curiae should be entitled either 

BRIEF FOR THE UNITED STATES 

AS AMICUS CURIAE SUPPORTING PETITIONER 

Apr. 2014 67 
OR 

BRIEF FOR THE UNITED STATES 

AS AMICUS CURIAE SUPPORTING RESPONDENT 

In appeals, the brief should support “appellant” or “appellee” rather than “petitioner” or 

“respondent.” In briefs filed at the Court’s invitation, omit the phrase “supporting 

________.” 

5. In cases in which the title of the brief requires more than one line to print, the first line 

should contain only the words “Brief for” and the name or designation of the client on 

whose behalf the brief is filed. The second and any subsequent lines should contain all 

modifying phrases (e.g., in opposition, as respondent supporting petitioner, or as amicus 

curiae). Thus: 

BRIEF FOR THE FEDERAL CROSS-RESPONDENTS 

IN OPPOSITION 

BRIEF FOR THE UNITED STATES 

AS AMICUS CURIAE SUPPORTING PETITIONER 

6. Briefs in opposition filed on behalf of federal agencies may be titled either “brief for 

the [name of agency] in opposition” or “brief for the respondent in opposition,” as the 

author prefers. When there is more than one respondent, it is often useful to use the 

name of the agency, but the form “brief for the federal respondent in opposition” will 

usually suffice. The only hard-and-fast rule in this regard is that the title of the brief must 

be unambiguous. 

7. The parties’ names on the cover and first page of all briefs should be exactly as they 

appear on the Supreme Court’s docket but for the following exceptions: 

a. If a State is a party, the words “State of,” “Commonwealth of,” or “People of” 

should be inserted in front of the State’s name. Thus, Long v. Maryland should be 

altered to read Long v. State of Maryland. 

b. When space or word count is at a premium, if three or more names appear on the 

docket as parties on one side, drop all the names except the first and add “et al.” If 

two names appear on the docket, they should both appear on the brief. 

c. Change “United States” to “United States of America” in the caption. 

d. “Secretary of Interior” and “Secretary of Treasury” should be changed to 

“Secretary of the Interior” and “Secretary of the Treasury.” 

Apr. 2014 68 
e. Do not use “et ux.” or “et vir.” Instead, use the names of both parties. 

8. Original and multiple case numbers should appear on the cover as follows: 

No. 94, Orig. 

 

Nos. 00-393, 00-407, 00-417, and 00-427

Multiple case numbers should be combined on the cover, as shown below: 

--------------- 

Nos. 00-407 and 00-417 

--------------- 

In the Supreme Court of the United States 

--------------- 

DAVID FICHTENBERG, PETITIONER

v.

FEDERAL COMMUNICATIONS COMMISSION, ET AL. 

--------------- 

MICHAEL WORSHAM, PETITIONER

v.

FEDERAL COMMUNICATIONS COMMISSION, ET AL. 

--------------- 

ON PETITIONS FOR WRITS OF CERTIORARI 

TO THE UNITED STATES COURT OF APPEALS 

FOR THE SECOND CIRCUIT 

-------------- 

BRIEF FOR THE RESPONDENTS IN OPPOSITION

-------------- 

B. PARTIES TO THE PROCEEDING

The identification of parties to the proceeding in the court below, as required by Supreme 

Court Rules 14.1(b) and 24.1(b) (2013 ed.) for petitions and merits briefs for the petitioner, 

shall be given in a separate heading entitled “Parties to the Proceeding” placed on the page 

immediately after the “Question(s) Presented.” Both rules both require the inclusion of 

Apr. 2014 69 
A list of all parties to the proceeding in the court whose 

judgment is sought to be reviewed (unless the caption of the 

case contains the names of all the parties). 

The beginning page number for this section (II) will appear in parentheses at the bottom of 

the page. 

 

C. OPINIONS BELOW

1. Although the Rules of the Supreme Court do not strictly require that we list the 

opinions below in our briefs in opposition, we will continue to do so. See OSG Writing 

Preferences Rule C.1 regarding the use of the phrases “unreported” and “not yet 

reported” with respect to opinions below. 

For decisions that are not published but are printed in the Federal Appendix, follow 

the appropriate example below (bracketed material is optional and inserted only at 

attorney=s request): 

The opinion of the court of appeals (Pet. App. 1a-16a) is 

not published in the Federal Reporter but is reprinted in 

27 Fed. Appx. 577[, and is available at 2001 WL 1631432]. 

The opinion of the district court (Pet. App. 18a-26a) is 

not published in the Federal Supplement but is available 

at 2000 WL 89008. 

NOTE: We will use the abbreviation “Fed. Appx.” for the Federal Appendix (per Michael 

Dreeben). 

2. Place Pet. App. citations in the “Opinions Below” section of briefs in parentheses. Do 

not use id. or ibid. in this section. 

3. When citing the published opinions of the lower courts in the “Opinions Below” 

section, do not include the court name and date in parentheses following the citation. 

Thus: 

The opinion of the court of appeals (Pet. App. 1a-5a) is 

reported at 212 F.3d 1296. 

NOT: 

The opinion of the court of appeals (Pet. App. 1a-5a) is 

reported at 212 F.3d 1296 (Fed. Cir. 2000). 

Apr. 2014 70 
D. JURISDICTION

1. Do not refer to petitions for rehearing “en banc” in the jurisdictional section. If the 

court’s disposition of a petition for rehearing en banc is relevant, it should be noted in 

the “Statement” section. Denial of a petition for rehearing should be noted in the 

“Jurisdiction” section as follows:

A petition for rehearing was denied on December 30, 1988 

(Pet. App. 78a). 

A petition for rehearing is timely if filed within 90 days of the court of appeals opinion. 

Under Supreme Court Rule 13.3, even an untimely petition for rehearing may alter the 

cert. deadline if it is “appropriately entertain[ed]” by the lower court. 

2. When noting the date on which a petition for a writ of certiorari was filed, 

parenthetically identify the day of the week if the filing would have otherwise been due 

on a Sunday or holiday. Thus: “(Monday)” or “(Tuesday following a holiday).” 

3. A petition filed out of time should be noted as follows: 

The petition for a writ of certiorari was not filed until 

September 21, 1989, and is out of time under Rule 13.1 of 

the Rules of this Court. 

4. If a Justice has extended the deadline for filing a petition for a writ of certiorari, that 

fact should be noted as follows: 

On November 25, 1983, Justice O’Connor extended the time 

within which to file a petition for a writ of certiorari 

to and including December 27, 1983, and the petition was 

filed on that date. 

Multiple extensions should be noted as follows: 

On June 10, 2005, Justice Souter extended the time within 

which to file a petition for a writ of certiorari to and 

including July 22, 2005. On July 8, 2005, Justice Souter 

further extended the time to August 19, 2005, and the 

petition was filed on August 18, 2005. 

5. The following example is what may be included in the “Jurisdiction” section when it 

 is a merits brief: 

Apr. 2014 71 
The judgment of the court of appeals (Pet. App. 4a) [INSERT 

PET. APP. CITATION ONLY IF JUDGMENT IS A SEPARATE DOCUMENT 

AND NOT JUST PART OF THE C.A. OPINION] was entered on March 

24, 2003. On June 13, 2003, Justice Thomas extended the 

time within which to file a petition for a writ of 

certiorari to and including July 22, 2003, and the petition 

was filed on that date. The petition for a writ of 

certiorari was granted on September 30, 2003. The 

jurisdiction of this Court rests on 28 U.S.C. 1254(1). 

Note: At the merits stage, jurisdiction “rests on 28 U.S.C. 1254(1).” At the petition 

stage, jurisdiction “is invoked under 28 U.S.C. 1254(1).” 

E. CONCLUSION

1. Use the following form for the conclusion in a typical brief in opposition: 

The petition for a writ of certiorari should be denied. 

Respectfully submitted. 

 Use the following form for a typical memorandum in opposition: 

* * * * * 

It is therefore respectfully submitted that the petition 

for a writ of certiorari should be denied. 

2. The following is the appropriate closing for a reply brief at the petition stage: 

* * * * * 

For the foregoing reasons and those stated in the petition 

for a writ of certiorari, the petition should be granted. 

Respectfully submitted. 

3. The following is the appropriate closing for a reply brief at the merits stage: 

For the foregoing reasons and those stated in our opening 

brief, the judgment of the court of appeals should be ___. 

Respectfully submitted. 

Apr. 2014 72 
4. The signature section on the last page will look exactly the same as the counsel listing 

on the front page of the brief or memorandum, with the following exceptions: 

a. Delete the lines: Department of Justice 

Washington, D.C. 20530-0001 

SupremeCtBriefs@usdoj.gov 

(202) 514-2217 

b. When an outside agency is involved, delete the geographical location but keep 

the agency’s name. 

c. Omit “Counsel of Record” underneath “Solicitor General.” 

The month and year of filing appear after the signature block. The month is not 

abbreviated and there is no period after the date. 

F. MEMORANDUM FORM 

1. Use the memorandum form only for short oppositions to petitions raising a small 

number of relatively straightforward issues in cases with simple facts. As a general 

rule, memoranda in opposition should not exceed 1500 words; if the opposition is more 

than ten pages long, it must be a brief. 

2. Entitle the main section of a petition for a writ of certiorari “REASONS FOR 

GRANTING THE PETITION,” not “Reasons the Petition Should be Granted” or 

some other variation. Entitle the main section of an amicus brief at the petition 

stage (or a cert.-stage response that does not oppose certiorari) “DISCUSSION.” 

The main section of a brief opposing certiorari or a merits brief should be entitled 

“ARGUMENT.” (Note: There are generally no headings in memoranda.) 

 

Apr. 2014 73 
OFFICE OF THE SOLICITOR GENERAL WRITING PREFERENCES

 

 The following rules are given their own separate “mini-manual” because they do not 

fall neatly into the Bluebook/OSG Citation Manual format. 

A. MISCELLANEOUS ABBREVIATION RULES

 Identifying abbreviations or information should be appended in parentheses as 

follows: 

The administrative law judge (ALJ) ruled * * * .

 

The Environmental Protection Agency (EPA) is authorized 

to regulate * * * . 

 

The LaJolla, Rincin, San Pasqual, Pauma and Pala Pards 

Indians (Tribes) were granted * * * .

B. MISCELLANEOUS CAPITALIZATION RULES 

 Do not capitalize references to spring, summer, fall, autumn, or winter. 

C. MISCELLANEOUS DEFINITIONS 

 We will not use the phrase “not reported” when referring to opinions that do not 

appear in a reporter. 

 Some court opinions are annotated with “not for publication” or other similar note. 

These opinions are considered “unreported.” If an opinion is less than two years old, 

check to see if it has been reported (occasionally courts issue new instructions on 

publication or newly amended opinions). A case in either the federal district court or 

court of appeals that is more than two years old and not reported is considered 

“unreported.” This phrase should also be used when referring to very old cases that 

were never reported. 

 The phrase “not yet reported” is used when referring to a slip opinion less than three 

months old or citing a case in a looseleaf service that will be reported in either the 

West reporters or elsewhere. The phrase is understood to mean that there is every 

expectation that the case will be reported. Furthermore, if the slip opinion indicates 

that the opinion is “not for publication,” and there is no indication from West that 

there will be a reporter citation, the opinion is “unreported,” rather than “not yet 

reported.” All decisions that are published are considered “reported.” Reported 

decisions may appear either in full text or in a table. Dispositions that appear in a 

Apr. 2014 74 
table are cases without an opinion or a published opinion and are cited per the 

following example: 

 Benge v. Marshall, 709 F.2d 1499 (6th Cir. 1983) (Tbl). 

 In the jurisdiction section of our briefs, when we are referring to a decision that is 

published only in a table in a reporter, the following convention shall be followed: 

 “The opinion of the court of appeals is unpublished, but 

the decision is noted at 709 F.2d 1499 (Tbl.).” 

D. MISCELLANEOUS GRAMMAR PREFERENCES 

1. Use “a,” not “an,” whenever the following word begins with a consonant sound, 

including an “h” or “y” sound. Thus, “a historical analysis,” not “an historical 

analysis”; “a unanimous Court,” not “an unanimous Court.” 

 For abbreviations and acronyms, use “a,” not “an,” whenever the abbreviation or 

acronym begins with a consonant sound when pronounced in the conventional fashion. 

For example, “an SEC rule,” not “a SEC rule” (“SEC” is conventionally pronounced 

“ess-E-C,” starting with a vowel sound), “an NAACP fundraiser” (“NAACP” is 

pronounced “enn-double A-C-P”, starting with a vowel sound), and “a FOIA request” 

(“FOIA” is conventionally pronounced “foy-yah,” starting with a consonant sound, 

not “eff-O-I-A”). 

2. Use “attorney’s fees” rather than “attorneys’ fees,” unless the governing statute uses 

another variant. 

3. Use “case law” rather than “caselaw.” See Memorandum from Charles Fried to 

OSG Attorneys (Oct. 2, 1987) (calling for “total extirpation” of this “barbarism”). 

4. When using dates in text, follow the following examples: 

 September 4, 1996 

 January 20, 1992 

 October 1997 

 NOT: 

 September 4th, 1996 

 January 20th, 1992 

 October, 1997 

Apr. 2014 75 
5. Do not use “et ux.” or “et vir” in the caption of a case or elsewhere. This rule applies 

even though the Court still uses those archaic phrases in the caption of cases in which 

both members of a married couple are named parties. Use both names as the party 

in citation, e.g., “Chantal Sackett and Michael Sackett” (10-1062). 

6. When a phrase functions as an adjective, it should generally be hyphenated, but do 

not use a hyphen to connect an adverb ending in “ly” to the adjective it modifies. 

Thus, “wholly owned corporation,” not “wholly-owned corporation,” and “fully 

allocated costs,” not “fully-allocated costs.” 

 As a general rule, do not use hyphens in words commonly written either with or 

without a hyphen. For example, use “pretrial” rather than “pre-trial.” We will, 

however, continue to use hyphens in the words “co-defendant” and “co-conspirator.” 

7. Do not use “Mr.” or “Ms.” unless necessary for clarity. In particular, there is no 

need to refer to a crime victim as “Mr. Smith” or “Ms. Smith” rather than “Smith.” 

When it is necessary to use a title for clarity and the reference is to a woman, use 

“Ms.” unless there is some reason to be more specific, e.g., to distinguish a mother 

and daughter. 

8. Use the form, “petitioner was convicted on 17 counts of bank robbery,” rather than 

“petitioner was convicted of 17 counts of bank robbery.” 

9. Use the form, “petitioner pleaded guilty,” rather than “petitioner pled guilty.” 

10. Form the possessive of a singular noun ending in “x” or “s” by adding “  ’s” whenever 

that is the way it is pronounced. For example: “Congress’s,” “petitioner Jones’s,” 

and “appendix’s,” but “the court of appeals’.” 

E. MISCELLANEOUS PUNCTUATION PREFERENCES

 There is no rule against having three consecutive parentheses. Although such 

punctuation is ugly and should be avoided, it is up to the author in the individual case, 

not office rules of style, to resolve any problem along these lines. 

F. MISCELLANEOUS TYPOGRAPHICAL PREFERENCES 

 In text that appears in a proportionally spaced font, a hair space should be used to 

keep a lower-case “f”or “j” from being too close to an apostrophe, quotation mark, 

parenthesis, or bracket. 

Apr. 2014 76