CALIFORNIA STYLE MANUAL Fourth Edition A HANDBOOK OF LEGAL STYLE FOR CALIFORNIA COURTS AND LAWYERS By Edward W. Jessen Reporter of Decisions for the Supreme Court and Courts of Appeal .W4-23370-9 ©1942, 1961, 1977, 1986,2000 by the Supreme Court of California Page composition by Imagelnk, San Francisco Cover design by Side by Side Designs, San Francisco Editiorial preparation and manufacturing West Group, California's Official Legal Publisher FOREWORD For almost 60 years, the legal community of California has benefited from the publication of the California Style Manual. The manual provides a guide to standard legal style in the appellate courts, and benefits litigants and jurists alike by establishing a common stylistic base that permits read- ers to focus readily on substance rather than form. In the 14 years since publication of the third edition of the Style Manual, much has changed in the processes used for creating legal docu- ments. A personal computer on the desk is now the rule rather than the exception for most lawyers and judges. At the same time, the availability of diverse reference resources has expanded the ease and scope of research. This latest revision of the manual reflects and responds to many of the changes that the legal profession has experienced, while maintaining a steady hold on the practices that have served the courts and the profession so well. I extend my appreciation to the Reporter of Decisions and those who have assisted him in the task of revising this valuable reference tool. Ronald M. George Chief Justice of California iii SUPREME COURT APPROVAL To the Reporter of Decisions: Pursuant to the authority conferred on the Supreme Court of Cali- fornia by Government Code section 68902, the California Style Manual, Fourth Edition, as submitted to this court for review is approved and adopted as the official organ for the styles to be used in the publication of the Official Reports. Dated: December 21,1999 Ronald M. George Chief Justice of California iv PREFACE The fourth edition of the California Style Manual endeavors to con- tinue a tradition started in 1942 by Bernard E. Witkin, as Reporter of Deci- sions, with the first edition of the manual. In the subsequent 58 years, the California Style Manual has evolved from a guide primarily intended for court staffs, the Reporter of Decisions Office, and the Official Reports pub- lisher to become the standard for legal office style in California. In addition to Bernard E. Witkin, the contributors to this tradition have been William Nankervis, who wrote the second edition in 1961, and Robert E. Formichi, who edited the second revised edition (1976) and the third edition (1986). Since publication of the third edition in 1986, revolutionary changes have occurred in the nature and sources oflegal reference material (e.g., the Internet and other modes of legal research by computer) and in how legal documents are produced by computer. Reflecting these changes and main- taining the style manual as a comprehensive, convenient, and current refer- ence for California appellate styles required a collaborative effort drawing on the experience and expertise of many. Listed below are those who reviewed drafts of various chapters, and those who otherwise contributed to the editing of this fourth edition. Special thanks, however, for the enthusi- astic contributions of the Reporter's staff, and for the careful review of all chapters by Peter Belton, the Supreme Court's senior attorney with 40 years of service. Peter Belton, Supreme Court Attorney Hal Cohen, Supreme Court Attorney Guy Colburn, Supreme Court Attorney Brenda Cox, Reporter's Office Legal Editor Sheila D'Ambrosio, Reporter's Office Legal Editor Irene Dieter, Court of Appealjudicial Assistant Robert Dobbs, West Group Copyeditor Steve Gilmartin, Contract Copyeditor Blair Hoffman, Supreme Court Attorney v CALIFORNIA STYLE MANUAL Robin D. Kojima, West Group Attorney Editor Edith V. Lavin, Reporter's Office Legal Editor Levin, Court of Appeal Attorney Terry Mead, Supreme Court Attorney Bennett N. Miller, West Group Editor Herbert F. Miller, West Group Attorney Editor Christine Miklas, Administrative Office of the Courts Iris Okura, West Group Editor Eric Ratner, Supreme Court Attorney Geraldine Rausch, Assistant Reporter of Decisions Robert Reichman, Supreme Court Attorney Milton Roberts, Reporter's Office Legal Editor Victor Rowley, Administrative Office of the Courts Carol D. Sakamoto, Reporter's Office Legal Editor Jeffrey Shea, West Group Attorney Editor Alma Sifuentes, Court of Appeal judicial Assistant Cynthia Sletto, West Group Director and Managing Editor Kayko Sonoda, Court of Appeal judicial Assistant Ted Stroll, Supreme Court Attorney Norm Vance, Supreme Court Attorney Sue Walenta, Supreme Court Judicial Assistant Katie Willsey, Court of Appealjudicial Assistant San Francisco Edward W. Jessen January 2000 vi TABLE OF CONTENTS Chapter 1 Case Authority 1 A. General Rules of Citation 4 § 1:1 Initial references; full citations 4 § 1:2 Subsequent references 6 § 1:3 Citing recently filed opinions; computer-based sources 8 § 1:4 Introductory signals: see; cf.; compare with; accord 9 § 1:5 Order of cited authority 10 § 1:6 Parenthetical description of case 11 § 1:7 Punctuation in series of citations 12 § 1:8 Citation to footnote 12 § 1:9 Citation to appendix 13 § 1:10 Citation oflead, plurality, concurring, or dissenting opinion 13 § 1:11 Noting subsequent history of cited case 14 B. California Opinions 16 1. Basic citation styles 16 § 1:12 Official Reports and parallel citations 16 § 1:13 California Supreme Court opinions 17 § 1:14 California Court of Appeal opinions 17 § 1:15 Superior court appellate division opinions 17 § 1:16 Trial court case references 18 § 1:17 Cases pending on appeal; related subsequent history 18 § 1:18 Citing recently filed California opinions 20 § 1:19 Advance pamphlet citations 20 § 1:20 Citation to opinion modifications in advance pamphlets 21 § 1:21 California Unreported Cases and other early reports 21 § 1:22 California administrative adjudications 22 § 1:23 Attorney General opinions 25 § 1:24 State Bar Court opinions 25 vii CALIFORNIA STYLE MANUAL 2. Effect of California publication rules : . 25 § 1:25 Overview 25 § 1:26 Citation styles for exceptions 26 § 1:27 Conforming references to superseded opinions; Reporter's Notes 28 C. Cases From Other States 29 § 1:28 Official reporters and regional reporters; universal citations 29 § 1:29 Citation styles 30 § 1:30 State and reporter abbreviations 31 § 1:31 Early, renumbered, and reprinted state reports 32 D. Federal Cases 32 § 1:32 United States Supreme Court opinions 32 § 1:33 Intermediate federal appellate opinions 34 § 1:34 Federal trial court opinions 35 § 1:35 Federal agency adjudications 37 E. International Cases 38 § 1:36 English decisions 38 § 1:37 Other nations' court decisions 39 Chapter 2 Constitutions, Statutes, Rules, and Related Materials 41 A. Constitutions 45 § 2:1 General considerations; abbreviations 45 § 2:2 United States Constitution and amendments 45 § 2:3 California Constitution 45 § 2:4 New, former, amended, or redesignated provisions 46 B. California Codes, Statutes, Regulations, Ordinances, and Charters 47 § 2:5 General guidelines 47 § 2:6 California code sections 48 § 2:7 California code subdivisions and other enumerations 49 § 2:8 Code abbreviations 51 § 2:9 Annotated codes 53 § 2:10 Recent enactments; advance legislative services 53 § 2: 11 Statutes and Amendments to the Codes; session laws 54 § 2:12 Uncodified initiative acts 55 § 2:13 Uncodified statutes 56 § 2:14 Repeals, reenactments, and amendments 56 § 2:15 Statutory titles and headings 57 viii TABLE OF CONTENTS § 2:16 Regulatory material 58 § 2: 17 Local ordinances, codes, and charters 60 C. California State and Local Court Rules; State Bar Rules 61 § 2:18 California Rules of Court 61 § 2:19 Local appellate court rules, policies, and practices 62 § 2:20 Local trial court rules 62 § 2:21 Standards of Judicial Administration, Code of Judicial Conduct, and Commission on Judicial Performance policies and rules 63 § 2:22 Judicial Council reports and comments 63 § 2:23 State Bar rules and standards 64 D. California Legislative History and Governmental Materials 65 § 2:24 General guidelines 65 § 2:25 Bills and subsequent legislative action 65 § 2:26 Senate and Assembly resolutions 66 § 2:27 Constitutional amendments 67 § 2:28 Legislative committee reports and analyses 67 § 2:29 Legislative Counsel opinions, reports, and digests 69 § 2:30 Other legislative sources 69 § 2:31 Legislative journals, Governor's messages, and executive orders 70 § 2:32 Government reports from departments and agencies 70 § 2:33 Law Revision Commission reports, recommendations, and comments 71 § 2:34 Ballot pamphlets 72 § 2:35 Letters and memoranda 73 § 2:36 Internet sources of legislative history information 74 E. Federal Statutes, Rules, and Other Materials 75 § 2:37 United States Code 75 § 2:38 Public Laws and Statutes at Large 76 § 2:39 Popular names 77 § 2:40 Internal Revenue Code 77 § 2:41 Congressional bills and resolutions 77 § 2:42 Congressional reports, documents, hearings, debates, and addresses 78 § 2:43 Treaties and international agreements 80 § 2:44 Federal administrative rules and regulations - Code of Federal Regulations 81 ix CALIFORNIA STYLE MANUAL § 2:45 Agency documents; topical services 81 § 2:46 Federal court rules 82 § 2:47 United States Code Congressional and Administrative News 83 § 2:48 Executive orders and presidential proclamations 83 F. Model Codes and Standards; Uniform Laws 84 § 2:49 Model codes and uniform laws 84 § 2:50 American Bar Association codes, standards, and opinions. .. 84 Chapter 3 Treatises, Textbooks, Restatements, Periodicals, and Other Secondary Sources 87 § 3:1 Treatises, textbooks, practice guides, and Witkin ..... 89 § 3:2 Continuing Education of the Bar and Center for Judicial Education and Research publications 94 § 3:3 Legal encyclopedias, Blackstone's Commentaries 95 § 3:4 Dictionaries 96 §3:5 Jury instructions: CAIJIC and BAJI.