Bluebook Wednesday, February Newsletter
Melanie Kalmanson
Commercial Litigation Attorney | Adjunct Professor | Former Law Clerk
Another month of Bluebook Wednesday Tips in the books.
When I started Bluebook Wednesday, I didn't think about how long it would last or whether I'd run out of content. Now that we're over 4 months in, I'm starting to think the content is endless. There's just so much to review, and there are so many nuances.
To make it easier to find prior tips, I thought I'd start including an index of the prior Tips in each newsletter. Think of it as a Bluebook Wednesday library. (Scroll to the bottom to find an index of all Bluebook Wednesday Tips thus far with links.) Of course, last month's Tips are also linked in the text below.
U.S. Jurisdictions (T1), Tip #17
To see Tip #17, go here.
If you are citing material for a state that is not the state in which you primarily practice or is foreign to the court in which you are practicing, start with T1. T1 has information on how to cite statutes and cases from each jurisdiction in the United States (i.e., each State).
Court Information
T1 has an entry for each State (in alphabetical order). The courts for the state are listed from highest to lowest with citation information, such as which reporter to cite.
Local Rules or Practice
NOTE: T1 does not incorporate local rules or practice.
For information on local rules, go to BT2. There, you will find jurisdiction-specific information on local citation formats. Then, of course, you should always check the local rules.
To see my post on Florida-specific cites, go here.
We learned from Cory Webster that California has its own citation manual, which has been dubbed the "Gold Book." While California state courts allow Bluebook or Gold Book, Gold Book is strongly preferred, according to Cory.
And, according to Michael D. Pierce , Virginia is just a mess when it comes to citing state circuit court cases. (Good luck.)
Typefaces (Rules 2 & B2), Tip #18
To see Tip #18, go here.
This was the first time I had to repost a Bluebook Wednesday Tip due to an error in my slides. I'll call making it 18 weeks a win! Also, thanks to Peretz Laine for saving us from my errant first version.
Bluebook uses different typefaces depending on the type of document you're writing--i.e., whether you're in the Bluepages or the Whitepages.
If you are writing a document to be filed in court or a Memo, you are operating in the Bluepages. If you are writing a law review article, you are operating in the Whitepages.
Typefaces for Bluepages: (1) regular font, and (2) italics or underline
Typefaces for Whitepages: (1) regular font, (2) italics, (3) SMALL CAPS
As a result, the citation format (as explained in the White pages, where most of the Rules appear) may change slightly if you're writing a Bluepages document.
Converting Whitepages to Bluepages
B2 explains how to convert a rule in the Whitepages to Bluepages. The biggest differences are:
Example
To cite the Bluebook in the Whitepages, you would use SMALL CAPS: THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (21st ed. 2020).
In the Bluepages, you would use ordinary text: The Bluebook: A Uniform System of Citation (21st ed. 2020).
Court Documents (Rules B17 and 10.8.3), Tip #19
To see Tip #19, go here.
Citing court documents is one of those things that is common in practice but not really taught in law school.
Rule B17
If you are citing a document filed in the same case you are writing for, use B17.
The full citation format: Document Title # (Date).
Abbreviate the Document Title according to BT1. For the pincite, you do not need to use "p." to indicate page number. A comma is only needed before the pincite if it'll avoid confusion.
To add an ECF number, simply add ", ECF No. XX" at the end of the cite.
For short cites, B17.2 basically leaves that to your discretion. Just ensure the reference is clear to the reader. I like to use hereinafter or otherwise define a shorter cite in this instance.
For example:
领英推荐
Source: Defendant's Motion for Partial Summary Judgment filed January 14, 2023 (ECF No. 34), at page 5
Cite: Def.'s Mot. Partial Summ. J. 5 (Jan. 14, 2023), ECF No. 34 [hereinafter Def.'s MSJ].
Short Cite: Def.'s MSJ, at 6.
Rule 10.8.3
If you are citing a document filed in a different case, use Rule 10.8.3.
The full citation format: Document Title at #, [Case Cite].
When you cite a document under this rule, do not abbreviate the document title according to BT1. Instead, abbreviate the document title according to Rule 10.2.1(c), which is a lot less.
For short cites, you can use supra. This would be good to use in a law review article.
Source: Appellant's Brief at pages 2-3 from Petitioner v. Defendant, 123 So. 3d 456 (Fla. 2006)
Cite: Appellant's Brief at 2-3, Petitioner v. Defendant, 123 So. 3d 456 (Fla. 2006).
Short Cite: Appellant's Brief, supra note 1, at 4-6.
"United States" (Rules 6.1, 10.2.1 & 10.4), Tip #20
To see Tip #20, go here.
Bluebook has quite a few rules for abbreviating "United States," which can get confusing.
Using "United States" in Text
Spell out "United States" in text when it is used on its own as a noun.
Use the abbreviation "U.S." when it is used as an adjective. (Rule 6.1 (b))
Example: "The U.S. Supreme Court is the highest court in the United States."
Using "United States" in Cites
The reporter for the U.S. Supreme Court is "U.S." As Leah Tedford pointed out, the S. Ct. reporter parallel cites are unnecessary:
If the United States is a party, spell out "United States." Do not abbreviate. If "United States" is part of a party name, abbreviate as "U.S." Basically, the same noun/adjective rule applies here, too.
Example: U.S. Dep't of Agric. v. United States, 123 U.S. 456 (2005).
*This is not a real case.
BONUS! Microsoft Word Shortcuts
As you know, I like to throw in a bonus for those of you who read the newsletter. This month, a list of the Microsoft Word shortcuts I posted (with a few extras):
#bluebooknerd Shoutout
This month, Jeffrey A. Shooman deserves a shoutout for his top-notch #bluebooknerd content.
For an interesting discussion on the utility of parentheticals, go see Jeffrey's post here.
Follow Along for More Bluebook Wednesday Fun!
Let me know if there's anything specific you'd like me to cover in a future Bluebook Wednesday post!
*NOTE: Bluebook Wednesday is not affiliated with THE BLUEBOOK(TM).
Index of Prior Tips
Below is a list of each of the prior Bluebook Wednesday Tips with links to each one.
*Pro Tip: If you follow #bluebooknerd, it's a really easy way to find all of my posts with the Tips in one place. You can also find the library of articles summarizing past Tips in the Bluebook Wednesday newsletter.
Commercial litigator | Former federal clerk | Writing mentor
2 年So accessible!
Attorney - Speaker - Author
2 年Nicely done Melanie. Your consistency with keeping up Bluebook Wednesday is encouraging. Keep it up! And thanks for the mention. ??
Appellate Attorney
2 年These are great! I love the weekly refresher!