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Introduction to Basic Legal Citation - access-to-law home

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the unit that decided a case. When citing the same decision in another state there<br />

would be no need <strong>to</strong> do so.<br />

§ 2-215. Case <strong>Citation</strong>s – Points of Difference in <strong>Citation</strong> Practice<br />

Point 1: Whether <strong>to</strong> use parallel case citations and, if not, which citation <strong>to</strong> use is a subject on<br />

which court rules often speak. The practice set out here is consistent with most of them,<br />

although a few state rules call for citations of decisions from other jurisdictions <strong>to</strong> include<br />

both an official reporter reference, if any, and a West regional reporter reference. See § 7-500.<br />

Point 2: The ALWD <strong>Citation</strong> Manual rejects the dominant practice of including "Ct." when<br />

abbreviating the many intermediate state appellate courts. Its abbreviation for the Kansas<br />

Court of Appeals is, therefore, "Kan. App." rather than "Kan. Ct. App."<br />

§ 2-220. Case <strong>Citation</strong>s – Variants and Special Cases [BB|ALWD]<br />

Most case citations refer <strong>to</strong> opinions that have already appeared in established print reporters<br />

and their conformed electronic counterparts. Opinions for which that is not true either because<br />

they are very recent or because the court or publisher of the relevant reporter did not consider<br />

the decision important enough for such dissemination call for alternative identification. The<br />

challenge in such a situation is <strong>to</strong> furnish the reader sufficient information <strong>to</strong> retrieve the<br />

document from one or more specialized sources. (This is one of the problems addressed by<br />

medium-neutral citation systems. See § 2-230.) The following alternatives can be used. While<br />

they are listed in order of traditional preference, the ultimate choice should be made in terms<br />

of the intended readers' likely <strong>access</strong>. (Before citing a decision that is not "published" because<br />

of the court's own judgment about its limited precedential importance, be sure <strong>to</strong> consult the<br />

court's rules. See § 2-250.)<br />

§ 2-220(1) Examples<br />

– Flamme v. Wolf Ins. Agency, [Insurance] Au<strong>to</strong>. L. Rep. (CCH) 18,307 (Neb. Nov.<br />

8, 1991).<br />

– Collins v. United States, 3 Fed. Est. & Gift Tax Rep. (CCH) 60,060 (W.D. Okla.<br />

Jan. 31, 1991).<br />

– United States v. Mena, No. 08-5176-cr, 2010 U.S. App. LEXIS 1121, at *4 (2d Cir.<br />

Jan. 20, 2010).<br />

– United States v. Mena, No. 08-5176-cr, 2010 WL 177220, at *1 (2d Cir. Jan. 20,<br />

2010).<br />

– Everette v. Astrue, No. C 07-3013 MEJ, slip op. at 6 (N.D. Cal. Feb. 9, 2009).<br />

Alternative 1: With cases available in a print looseleaf service, the minimum ID or address<br />

(following the parties' names (§ 2-210(a)) consists of:<br />

• a full service citation, the court (abbreviated), and the full date.<br />

17

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