Putting Sources in the
Correct Order
ALWD Rule 45
Copyright 2003, 2006. Darby Dickerson. Permission given to use for educational purposes.
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, 17-19
(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 (1st 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).
Now use the specific lists
in Rule 45.4.
Copyright 2003, 2006. Darby Dickerson. Permission given to use for educational purposes.
Rule 45.4(a): Primary and Related
Sources

Constitutions

Federal before state




Statutes

Federal before state; state before foreign



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.
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))


State Cases (Also use 45.3(e), (g), (h))




U.S. Supreme Court; Circuit Courts; District Courts
State Supreme Court; State Appellate Courts; State Trial
Courts
Foreign Cases
International Cases
Any Other Cases
Primary and Related Materials

Case-Related Materials


Administrative and Executive Material





These would include the record, briefs, and
pleadings.
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


State


Bills and Resolutions; Committee Hearings; Reports;
Debates.
Bills and Resolutions; Committee Hearings; Reports;
Debates.
Other Legislative Material
Rule 45.4(c): Secondary Sources

Restatements, Model Codes, and Uniform Laws


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.
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 CrossReferences



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).

Any questions?
Copyright 2003, 2006. Darby Dickerson. Permission given to use for educational purposes.