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Citation Matters: a Quick Guide to Correct Citation Form in Indiana by Prof WORDWISE Citation matters: a quick guide to correct citation form in Indiana By Prof. Joel M. Schumm egal citation is critical to provide use bold, Large and Small Caps, or Table 6 of the Bluebook provides courts with essential information other typefaces.2 a detailed list of abbreviations for many about your case. Incomplete or words that commonly appear in case Lincorrect citations may make it difficult 2. Indiana cases citations, such as Corp. (Corporation) or impossible to find the source. Sloppy Citation of a case should include the or N. (North[ern]). citations may also suggest carelessness name of the case, the Reporter and pages Geographic terms, like “State of” or that could lead some judges to be skep- on which it is located, and the court and City of,” should almost always be omitted. tical of other parts of a brief. The goal of year it was decided. For example: K.F. v. this short article is to provide some fairly St. Vincent Hosp. & Health Care Ctr., 909 2.2 Reporter and pinpoint basic but important information about N.E.2d 1063, 1066 (Ind. Ct. App. 2009). Indiana cases appear in the North- citations of the most common sources eastern reporter, currently N.E.3d. If in Indiana. 2.1 Abbreviating words referring to information taken from a Most Indiana court rules shed no Bluebook Rule 10.2.1 provides a specific page of the case, be sure to in- light on citation, but Appellate Rule 22 litany of rules for case names, which clude the pinpoint citation. For example, discusses the topic at length and can are often abbreviated when used in a the citation to the K.F. opinion tells the reasonably be followed in trial courts. citation but usually spelled out in textual Beyond some specific topics discussed sentences.3 (continued on page 28) in the rule (and summarized below), citations should follow “a current edition of a Uniform System of Citation (Blue- book).”1 1. Typefaces Citations in legal briefs should use only one of the following two typefaces: Roman (regular type) or italics. Do not Child Support Software Indiana SUPPORT MASTER™ All Calculations All Worksheets Large Incomes Arrearage and Interest Professional Software Corporation Fast, accurate support calculations since 1989 POB 716 812/781-1422 Mount Vernon marc.edwin.hawley IN 47620 @gmail.com www.supportmastersoftware.com RES GESTÆ • NOVEMBER 2018 27 WORDWISE Continued from page 27 judge the case begins on page 1063, but Dep’t of Veterans Affairs, 27 N.E.3d 271, may have their own rules. Bluebook Rule you are relying on information from page 274 (Ind. 2015). 10.8.1 addresses citation of pending and 4 1066. Omitting the pinpoint citation will Unlike the Bluebook, which requires unreported decisions. require the court to scour the entire opin- inclusion of discretionary denials of 3. Constitutional provisions ion; a busy judge without time for such a review during only the past two years, 5 journey may simply disregard the source. Indiana attorneys are required to note Bluebook Rule 11 addresses citations if transfer was denied in every case, to constitutional provisions. In text, spell 2.3 Court and year regardless of its age. Rule 22(A) provides out the words Fourth Amendment; cita- The last part of the citation should these examples: State ex rel. Mass Transp. tions abbreviate “U.S. Const. amend. IV.” include the court deciding the opinion Auth. of Greater Indianapolis v. Indiana Citations to the Indiana Constitution (Ind. for Indiana Supreme Court or may be similarly abbreviated: Ind. Const. Revenue Bd., 144 Ind. App. 63, 242 N.E.2d 8 Ind. Ct. App. for the Indiana Court 642 (1968), trans. denied by an evenly Art. 1, Sec. 11. of Appeals) followed by the year of the divided court 251 Ind. 607, 244 N.E.2d 4. Statutes decision. 111 (1969); Smith v. State, 717 N.E.2d 127 (Ind. Ct. App. 1999), trans. denied.6 Appellate Rule 22(B) provides the 2.4 Subsequent history/transfer following format for an initial citation to denied 2.5 Non-Indiana cases a statute: “Ind. Code § 34-1-1-1 (20xx).” Be sure a case has not been overruled Most of the same principles In practice, years are seldom or disapproved before citing it. A red stop described above apply to citations of included in appellate opinions or briefs – sign or flag does not necessarily render court opinions outside Indiana. Tables 1, especially when the current version of the 9 a case off-limits. Often an opinion 7, and 10 of the Bluebook provide specific statute applies to the issue raised. In cases addressing multiple issues will be over- guidance for appropriate abbreviations. where the statute has changed, however, ruled on a narrow point related to one counsel should be sure to include the year and discuss what has changed. issue. Advocates are free to use the case 2.6 Unpublished decisions for the other issues but should acknowl- Except in very narrow circumstances, Subsequent citations to statute may edge the subsequent history of the case. counsel should never cite a memoran- be abbreviated as follows: “I.C. § 34-1- For example: K.F. v. St. Vincent Hosp. & dum or unpublished decision from the 1-1.” Thus, I.C. replaces “Ind. Code” and Health Care Ctr., 909 N.E.2d 1063, 1066 Indiana Court of Appeals.7 That rule no year is required. (Ind. Ct. App. 2009), disapproved on other does not address citations to unpublished In a textual sentence, be sure to spell grounds by Civil Commitment of T.K. v. decisions from other jurisdictions, which out the words. For example, “Indiana Code section 34-1-1-1.” ELDER MEDIATION SERVICES 5. Court rules Get a Resolution by Engaging a Leader with Credentials and Experience Appellate Rule 22(B) includes a com- prehensive list of the citation form to use MARY J. HOELLER, REGISTERED NURSE, ATTORNEY AND NATIONAL CERTIFIED GUARDIAN when first citing a court rule and for each later citation. A few examples include: Incapacity Determinations Management of Health Care Needs Initial – Subsequent Car Keys and Driving Wills, Trusts and Estate Disputes Ind. Trial Rule 56 – T.R. 56 Living Arrangements Division or Sale of Farms and Ind. Crim. Rule 4(B)(1) – Crim. R. 4(B)(1) Business Property Visitation Ind. Post-Conviction Rule 2(2)(b) – Power of Attorney Disagreements Finances and Medicaid Planning P-C.R. 2(2)(b) Professional Guardian Services Ind. Evidence Rule 301 – Evid. R. 301 Contested Guardianships County Local Rules should be End of Life and Funeral cited using “the county followed by the citation to the local rule, e.g., Health Care Powers Adams LR01-TR3.1-1.”10 [email protected] 317.633.4002 www.attorneyhoeller.com 28 RES GESTÆ • NOVEMBER 2018 6. Magazines/books/internet sources Rule 22 provides specific examples for Addend. (addendum to brief), App. Briefs generally rely on the primary statutes and court rules, and Bluebook (appendix), Br. (brief), CCS (chrono- authorities described above, but some will Rule 4 discusses cases and other sources. logical case summary), Ct. (court), Def. also cite secondary sources such as books When citing a case, if there are no (defendant), Hr. (hearing), Mem. (mem- or internet sources. intervening citations to another source, orandum), Pet. (petition), Pl. (plaintiff), Supp. (supplemental), Tr. (Transcript).12 The back cover of the Bluebook use Id. (if the information appears on the same page) or “Id. at [page],” if taken provides examples of how to cite these Conclusion sources. For example: from a different page. If there is an inter- vening citation to another case or source, Following these basic rules will help • Deborah L. Rhode, Justice and use the short form, which includes ensure the court can locate your cited Gender 56 (1989) the shortened name of the case and sources and leave a positive impression • Andrew Rosenthal, White House its location without the court or year. about your attention to detail. Some Tutors Kremlin in How a Presidency For example: K.F., 909 N.E.2d at 1065. online research services include tools to ease inclusion of citations. For example, Works, N.Y. Times, June 15, 1990, at A1. Subsequent citations to books, mag- Westlaw users can highlight text and • Eric Posner, More on Section 7 of the azines, etc. generally require the author’s choose “Copy with Reference” to copy Torture Convention, Volokh Conspiracy last name, supra, and the page. For exam- and paste text with quotation marks into (Jan. 29, 2009, 10:04 AM), http://www. ple: Rhode, supra, at 54. 11 a Microsoft Word document, usually with volokh.com/posts/1233241458.shtml. 13 8. The record the correct citation form. Taking a few 7. Subsequent citations seconds to double-check citations, regard- Although counsel will rarely, if ever, less of how they were generated, is always The earlier paragraphs focus on the be faulted for spelling out a word, Rule time well spent. initial/first citation of a source. Later 22(E) provides several abbreviations that q citations may be shortened. Appellate may be used without further explanation: (continued on page 30) RES GESTÆ • NOVEMBER 2018 29 WORDWISE Continued from page 29 1. The Bluebook is currently in the Twentieth Edi- 4. Most cases decided before the early 1980s appear of the Indiana Constitution use Arabic numbers tion and little has changed in recent editions. More- in the Northeastern reporter volumes as well as the (Article 3). See Bonner ex rel. Bonner v. Daniels, 907 over, the current (Fifth) edition of the Association now-defunct Indiana (Ind.) or Indiana Appellate N.E.2d 516, 518 n.2 (Ind.
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