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LEGAL CITATION

LEGAL CITATION. Presented by Elisabeth McKechnie Mabie Law Library. BLUEBOOK A.k.a The BlueBook, A Uniform System of Citation 18 th Edition is current. IN COMMON USE IN THE U.S. CALIFORNIA STYLE MANUAL. Bluebook Law Review Citation Federal Litigation Where Authorized by Local Rule

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LEGAL CITATION

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  1. LEGALCITATION Presented by Elisabeth McKechnie Mabie Law Library

  2. BLUEBOOK • A.k.a The BlueBook, A Uniform System of Citation • 18th Edition is current. IN COMMON USE IN THE U.S.

  3. CALIFORNIA STYLE MANUAL

  4. Bluebook • Law Review Citation • Federal Litigation • Where Authorized by Local Rule • California Style Manual • California Litigation WHEN DO I USE THEM?

  5. CALIFORNIA

  6. Citations to cases and other authorities in all documents filed in the courts must be in the style established by either the California Style Manual or The Bluebook: A Uniform System of Citation, at the option of the party filing the document. The same style must be used consistently throughout the document. Cal. Rules of Court, Rule 1.200 CALIFORNIA PLEADINGS

  7. Cal. Rule of Court 8.204: …Brief writers are encouraged to follow the citation form of the California Style Manual (4th Ed., 2000) EVEN IF ALLOWED, SHOULD YOU USE BLUEBOOK IN CA SUPREME COURT?

  8. USING BLUEBOOK IN CALIFORNIA

  9. CITATION BASICS

  10. RULE 18: • “…The BLUEBOOK requires the use and citation of traditional printed sources unless • (1) the information cited is unavailable in a traditional printed source; or • (2) a copy of the source cannot be located because it is so obscure that it is practically unavailable. • Only in those two cases should citation be made to the electronic source alone. DON’T CITE ONLINE SOURCES

  11. What is a pocket part? • 22 U.S.C. section 2567 (Supp. I 1983). [Date is the SUPPLEMENT’S date] RULE 12.3.1(e): “Cite material appearing in supplements (including pocket parts) according to Rule 3.1(c).” CITING TO A PAPER SUPPLEMENT

  12. In the Federal system, the official reporter for the Supreme Court is the United States Reports (or U.S.C). Unofficial reporters are the Supreme Court Reports (or S.Ct. ) or United States Supreme Court Reports (Lawyer's Edition) (L.Ed.). Each is by a different publisher. i.e.: International Shoe v State of Washingtion, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). United States Reports----Offical Reporter Supreme Court Reports---Unofficial Reporter Lawyers’ Edition-----------Unofficial Reporter OFFICIAL AND UNOFFICIAL REPORTERS

  13. Supreme CourtUnited States Reports (official): U.S. Supreme Court Reports: S.Ct. United States Supreme Court Reports (Lawyers’ Edition): L.Ed. • Federal Appeals CourtFederal Reporter:F.2d Federal Appendix: F.App’x (unpublished cases) • Federal District CourtFederal Supplement: F.Supp LIST OF FEDERAL REPORTERS

  14. Pre-U.S. Reports, Supreme Court cases • 1790-1834---OLD! • Named for the Court Reporter who compiled the notes that created them: Vols. 1-4 Dallas (Dall.) 1790-1800 (U.S. Reports vols. 1-4) Vols. 1-9 Cranch (Cranch) 1801-1815 (U.S. Reports vols. 5-13) Vols. 1-12 Wheaton (Wheat.) 1816-1827 (U.S. Reports vols. 14-25) Vols. 1-16 Peters (Pet.) 1828-1842 (U.S. Reports vols. 26-41) Vols. 1-24 Howard (How.) 1843-1860 (U.S. Reports vols. 42-65) Vols. 1-2 Black (Black) 1862-1862 (U.S. Reports vols. 66-67) Vols. 1-23 Wallace (Wall.) 1863-1874 (U.S. Reports vols. 68-90) Available at Westlaw in SCT-OLD; and HeinOnline’s U.S. Reports collection. FEDERAL “NOMINATIVE” REPORTERS

  15. California Supreme Court Cases: Auto Equity Sales v. Superior Court, 57 Cal.2d 450, 20 Cal.Rptr.32, 369 P.2d. 937 (1962). Appellate Cases: Daniel v. Weigum, 190 Cal. App. 2d 620, 16 Cal. Rptr. 27 (1964) Official Reporter: California Appellate Reports, 2nd Series Unofficial Reporter: California Reporter Regional Reporter: Pacific Reporter (covers multi-states;currently CA Supreme Court cases only). CALIFORNIA LEGAL REPORTERS

  16. Full Citation: International Shoe v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). 66 S.Ct. 154, 90 L.Ed. 95 are Parallel Citations for the SAME CASE. May be required by local rules; Courtesy to other counsel and the Court… PARALLEL CITATIONS

  17. SAMPLE FEDERAL CASE CITATION INTERNATIONAL SHOE v STATE OF WASHINGTON (PLAINTIFF or First Party) (DEFENDANT or 2nd Party) 326 U.S. 310 (1945) Vol. # Reporter Starting Date of Page# Opinion HOW TO READ A CITATION

  18. Another Example (Fed. Appellate): United States v MacDonald, 531 F.2d 196, (4th Cir. 1976). United States v MacDonald, 531 F.2d (Case Title) Vol# Reporter 196, (4th Cir. 1976). starting page deciding court, date of decision FEDERAL APPELLATE CASES

  19. In the Federal system, the official code is the United States Code (cited U.S.C.). • However, the U.S. code is published every 6 years. Two unofficial codes are more commonly used: United States Code Annotated (cited U.S.C.A.), published by West and the United States Code Service (cited U.S.C.S.) published by the Lawyers' Cooperative Publishing Company Statutes-Federal

  20. Bluebook Rule 12.2.1(a) • Cite statutes currently in force in the current official code or its supplement. Otherwise, cite a current unofficial code or its supplement, the official session laws, privately published session laws (U.S.C.C.A.N.), a widely used computer database, a looseleaf service, an Internet source or a newspaper— in that order of preference. • …federal laws enacted after the most recent USC, should be cited to an unofficial code… CITING TO THE U.S.C

  21. United States Code citation (Rule 12.3.1): Title 42 U.S.C. 435 (2007) (title #) (Reporter name) (page #) (date of code editn) Title 42 U.S.C.S. 435 (Lexis-Nexis 2008) (United States Code Service) Title 42 U.S.C.A. 435 (West 2008) (United States Code Annotated) Contain the same statute, but USC may not be updated. Citation of Federal Statutes

  22. WHAT TO DO IF YOU STILL CAN’T FIND IT?

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