Putting Sources in the Correct Order

1. Putting Sources in the Correct Order ALWD Rule 45

2. 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.

3. 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))

4. More General Rules (New in 3d ed.)

5. 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).

6. 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.

7. 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).

8. 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.

9. 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.)

10. 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).

11. 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).

12. 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).

13. Now use the specific lists in Rule 45.4.

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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.

20. 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).

21. Any questions?