9/28/23 Rule: B10; R10.2 Case Names DO NOT ITALICIZE the comma following the case name LOTS of Rules, go through 10.2 à here are the highlights • Omit all parties other than the first party listed on each side of the ”v.” (B10.1.1) • Abbreviate case names in accordance with T6 • Special rules for geographical units à 10.2(f) 1 General Rules in B10.1.2 and R10.3.2 Cases: Reporter & Date Only list one reporter The reporter to use can be found in T1 à varies by state. T1 will tell you which reporter the state prioritizes Only put the year- R 10.5 • Ex: (Tex. 2003). • Exception: unreported cases/electronic database cases. 2 1 9/28/23 Rule: B10.1.3 or 10.4 SCOTUS: B 10.1.3(i) Cases: Court Sutter v. Lowes, 432 U.S. 123, 222 (1997). Federal Courts of Appeal: Sutter v. Lowes, 123 F.2d 456, 457 (5th Cir. 2020). B 10.1.3(ii) Federal District Courts: B 10.1.3(iii) Sutter v. Lowes, 878 F. Supp. 2d 787, 788 (E.D. Tex. 2020). Texas Supreme Court Sutter v. Lowes, 123 S.W.2d 333, 334 (Tex. 2008). NOTE: if you have to cite a state other than Texas, go to T1 of the Bluebook 3 Generally: GBR 4.1 Texas Cases: Courts of Appeal • Sutter v. Lowes, 123 S.W.3d 456, 789 (Tex. App.— Houston [14 th Dist.] 2018, pet. denied) District rules: GBR 4.3 • Put the district by city name, not number • Em dash (—) between Tex. App. and City • Mac shortcut option: option + shift + minus • Windows shortcut: windows key + period à select the Symbols icon à find the em dash • Do NOT abbreviate the cities • IF it’s a Texas case, think: petition history 4 2 9/28/23 Looking up Petition/ Writ History Looking up the petition/writ history is NOT OPTIONAL Step 2: What’s the date of the opinion? •This goes inside the parentheses (but for separate SCOTX decisions, leave outside the parentheses) •Gonzales v. Moran, 123 S.W.3d 456, 478 (Tex. App.—Houston [14th Dist.] 2018, pet. denied) (per curiam). Step 1: Look up the subsequent history on WL (“history”) or Lexis (“Shepardize”) •On or after Sept. 1, 1997 à go to Step 3a •Before Sept. 1, 1997 à go to Step 3b Step 3a: use petition history, GBR 4.4.1 Step 3b: use writ history, GBR 4.4.2 If SCOTX does grant the petition, you must include what SCOTX did •Appendix E (pp. 109–11) •Appendix D (pp. 105–08) •no pet vs. no pet h. (see practice tip, p. 22) •GBR 4.6.1 and must see T8 in Bluebook for explanatory phrases •Gonzales v. Moran, 123 S.W.3d 456, 460 (Tex. App.—Houston [14th Dist.] 2018), aff’d on other grounds, 987 S.W.3d 654, 650 (Tex. 2020). 5 Generally – B10.1.4 The pincites will be noted in the opinion using asterisks Lexis/Westla w Cases Caution: Lexis and WL pagination are not the same! Must include the FULL DATE, not just the year Cook v. Withers, No. 14-03-00816-CV, 2004 LEXIS 3292, at *4 (Tex. App.—Houston [14th Dist.] Apr. 13, 2004, no pet.). à short form: Cook, 2004 LEXIS 3292, at *4. Cook v. Withers, No. 14-03-00816-CV, 2004 WL 768948, at *3 (Tex. App.—Houston [14th Dist.] Apr. 13, 2004, no pet.). à short form: Cook, 2004 WL 768948, at *3. 6 3 9/28/23 Rudder, 217 P.3d at __. • Rule: B 10.2 • Use this short form if you have already cited the case, but the immediate preceding authority is not the same case. 217 P.3d at __. SHORT FORM • The short form to use if you used the case name in the sentence à In Rudder, the court held that the agreement was entered into involuntarily because the wife did not have knowledge of the husbands assets. 217 P.3d at __. • Rule: B 10.2 Id. at __. • Place the pincite if you are citing from the same preceding authority, but gathering the information from a different page • Rule: B 10.2; B 4 • Do not use with string citations! Id. • Usually only id. when the information can be found on the same page as the previous citation • Rule: B 10.2; B 4 • Do Not use with string citations!! 7 Statutes ◦ B 12 & R12 ◦ Note: the space between the § and the number ◦ For statutes currently in force, do not put the date or publisher – GBR 10.2.1 ◦ List of TX subject matter codes- Appendix H 8 4 9/28/23 B3 and R 3.2 Give page numbers before date parentheticals Pincites A reference to the specific pages within the source that support your claim. THEY ARE ALWAYS REQUIRED unless you are citing “Id.” to the same exact page (not range) as cited immediately before. When citing to a range of pages, use an en dash or hyphen Must include the last two digits (ex: 333–34) 9 Introductory Signals ◦ Signals that indicate support ◦ [No signal] – the citation directly states your proposition, identifies a quote, or identifies an authority referenced ◦ See – authority supports your position; doesn’t directly state it, but your argument/point follows from it ◦ You will use the ”See” signal a lot in your application section ◦ Like in Rudder, Moran did not have equal sophistication to her husband because she did not finish high school and he had an IQ similar to Einstein. See 454 S.W.2d at 333. ◦ See also – an authority that further demonstrates a proposition already cited; usually to elaborate example cases ◦ See, e.g., – authority supports but doesn’t clearly state the proposition, as would a bunch of other cases; usually used when there are a ton of cases that support your point but you only are going to point to one ◦ E.g., – authority states the proposition, as would a bunch of other cases 10 5 9/28/23 Extra Tips Subsequent history – subsequent history is always necessary in Texas Court of Appeals cases How do we string cite if we have already previously cited a case but the other cases in the string cite have not been cited previously (are appearing for the first time)? • Use short form for the case you have already cited Signals: Signals like See are used when you are relying on inference from the case à in your memo you will use See in the application section Rules for abbreviating state names: look at T1, T1 will also tell you the desired reporter to use If a sentence directly cites to a case, the See signal is likely not appropriate. Make sure when a case is being cited for the first time that it has both parties cited. After a case has been cited once, then you can use one party in the short form. 11 6