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Putting Sources in the Correct Order. ALWD Rule 45. Applicability. Use Rule 45 to determine how to cite multiple authorities that fall within the same signal. Re-start the ordering process when you change signals. Use the general rules and specific lists within Rule 45. General Rules. - PowerPoint PPT Presentation
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Copyright 2003, 2006. Darby Dickerson. Permission given to use for educational purposes.
Putting Sources in the Correct Order
ALWD Rule 45
Applicability Use Rule 45 to determine how to cite
multiple authorities that fall within the same signal.
Re-start the ordering process when you change signals.
Use the general rules and specific lists within Rule 45.
General Rules Separate sources with a semicolon and one space.
(ALWD Rule 45.2) Primary authorities will come before secondary
sources (again, within the same signal). (ALWD Rule 45.3(a))
Place a short citation in the same place the full citation would have fallen. (ALWD Rule 45.3(c)) Be sure to evaluate “id.” citations.
Ignore prior and subsequent histories for purposes of determining order. (ALWD Rule 45.3(d))
More General Rules (New in 3d ed.)
More General Rules (new in 3d ed.) Forthcoming works: Place where the
source would fall if published. (ALWD Rule 45.3(i))
Material available on the Internet (ALWD Rule 45.3(j)): If the source is available in hard copy and on
the Internet, use the sequencing rule for the hard-copy source.
If the material is available only on the Internet, use Rule 45.4.(c).
Rule 45.3(b): Authored Materials Order alphabetically by the author’s last
name. For multiple pieces by the same author:
place in reverse chronological order. When more than one author: order by the
first-listed author’s last name. If no author: order alphabetically by the
title, but ignore “The” if it is the first word.
Rule 45.3(e): State Materials State materials of the same type are cited
in alphabetical order by state. Examples:
Fla. Const. amend. II; Mich. Const. amend. II; Wash. Const. amend. IV.
Smith v. Jones, 145 So. 2d 291, 293 (Ala. 1999); Rogers v. Good, 222 P.2d 12, 17-19 (Mont. 1999); Barnes v. Noble, 431 N.W.2d 5, 9 (Neb. 2000).
Rule 45.3(f): Federal Courts Each U.S. Court of Appeals and District
Court should be treated as a separate court.
Courts of Appeals should be ordered by number. You do not need to consider the year when neither case is from the same Circuit Smith v. Jones, 22 F.3d 15 (2d Cir. 1995); Rogers
v. Kingcade, 35 F.3d 2 (6th Cir. 1999). Note: This rule is different from the Bluebook
rule, which treats all U.S. Courts of Appeals as a single court and then orders them in reverse chronological order.
U.S. Courts of Appeals Cases from the same Circuit should be cited in
reverse chronological order. (7th Cir. 2006); (7th Cir. 1998); (9th Cir. 2005) (2d Cir. 2005); (2d Cir. 1992); (5th Cir. 2004); (5th
Cir. 1992). (10th Cir. 1995); (11th Cir. 1999); (11th Cir. 1992).
Remember that cases from the D.C. Circuit and the Federal Circuit should come at the end.
Use this same procedure for state intermediate courts that are numbered (1st Dist., 2d Dist., etc.)
U.S. District Courts District Court cases should be cited in
alphabetical order by state, then alphabetically by district. (W.D.N.Y. 2005); (S.D. Wash. 1999). (N.D. Ala. 1999); (S.D. Ala. 2006); (S.D. Cal.
1992).
Rule 45.3(g): Cases from the Same Jurisdiction Cite cases from the higher courts before
those from the lower courts. Use Appendix 1 to determine the court
structure for each jurisdiction. Examples:
(Fla. 1903); (Fla. Dist. App. 2d 2005). (Cal. 2001); (Cal. App. 2006). (Mass. 2003); (Mass. 1999); (Mass. App. 2005). (Mo. 1982); (Mo. App. 1990); (Nev. 2006).
Rule 45.3(h): Cases from the Same Court Cases from the same court should be cited
in reverse chronological order. Start with the year. Then go to the month. Then to the day. Then to which comes later in the reporter (later
pages numbers should come before earlier page numbers).
Copyright 2003, 2006. Darby Dickerson. Permission given to use for educational purposes.
Now use the specific lists in Rule
45.4.
Rule 45.4(a): Primary and Related Sources Constitutions
Federal before state Cite state constitutions in alphabetical order. Foreign constitutions should follow the states; cite in
alphabetical order. Foundational documents of the U.N., League of National, and
European Union, in that order. Statutes
Federal before state; state before foreign Cite federal statutes chronologically by title number and then
by section number (lower section numbers before higher ones).
Cite state statutes alphabetically by state. Rules of evidence and procedure
Federal, then state, then foreign, then international
Primary Sources Treaties and International Agreements
Cite in reverse chronological order. Cases
Federal Cases (Also use 45.3(f), (g), (h)) U.S. Supreme Court; Circuit Courts; District Courts
State Cases (Also use 45.3(e), (g), (h)) State Supreme Court; State Appellate Courts; State Trial
Courts Foreign Cases International Cases Any Other Cases
Primary and Related Materials Case-Related Materials
These would include the record, briefs, and pleadings.
Administrative and Executive Material Executive Orders; Code of Federal Regulations;
Federal Register; Other Material State material Foreign material Other administrative and executive material
Materials from intergovernmental organizations
Rule 45.4(b): Legislative Materials Federal before state
Federal Bills and Resolutions; Committee Hearings; Reports;
Debates. State
Bills and Resolutions; Committee Hearings; Reports; Debates.
Other Legislative Material
Rule 45.4(c): Secondary Sources Restatements, Model Codes, and Uniform Laws
Cite in alphabetical order. Books and Treatises
Cited in alphabetical order by the author’s last name. Refer to Rule 45.3(b).
Materials in Law Reviews or Law Journals Cite in alphabetical order by the author’s last name. (ALWD 45.3(b)) Do mix professional and student articles.
A.L.R. Annotations Legal Encyclopedias Legal Dictionaries Working Papers Unpublished Materials Unpublished material Electronic Sources Any other secondary source
Rule 45.4(d): Internal Cross-References Supra references are cited before infra
references. Lower numbers should be cited before higher
numbers. Examples
Supra n. 2; supra n. 18. Infra n. 8; infra n. 22. Supra n. 22; infra n. 52.
ALWD Rule 10 concerns internal cross-references generally.
A Few More Points If the particular sources you are looking for
does not appear in Rule 45.4, select the closest source on the list and interpolate your source’s position.
Remember: When a signal is used, the citation should be followed by an explanatory parenthetical. (ALWD Rule 44.4).
Copyright 2003, 2006. Darby Dickerson. Permission given to use for educational purposes.
Any questions?