Copyright 2003, 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, (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 (1 st 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, 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, Darby Dickerson. Permission given to use for educational purposes. Any questions?