When to capitalize court, and the Bluebook's other capitals

Capitalize “court” only when you name a court in full, mean the U.S. Supreme Court, or mean the court your document is filed in. Every other court is “the court”, a state's highest court included. Capitalize Circuit with its name or number, State when the state is a party, and Constitution for the U.S. Constitution or one named in full. Adjectives such as constitutional and congressional stay lowercase.

Written for the 22nd edition. Updated .

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Ortiz v. Lane, 345 F.3d 12, 15 (1st Cir. 2003), set the standard. The Court held that notice must be actual.

“Court”: three times it takes a capital

Capitalize court in three cases only (Rule 8 and Bluepages B8). The first is when you name a court in full: the United States Court of Appeals for the Ninth Circuit. The second is when you mean the U.S. Supreme Court, even by a short name: the Court. The third is in a court document, when you mean the court that will receive it: This Court should deny the motion.

Everywhere else court is lowercase. A circuit, a district court or a state's supreme court you're writing about is the court, and so is a generic court of appeals. An office memo isn't filed in any court, so in a memo only the U.S. Supreme Court is the Court.

Some state style manuals, such as California's and Florida's, capitalize their own highest court. Follow them in a filing in that state; in class work, follow the Bluebook unless your professor says otherwise.

  • In Varga v. Quill, the Court held that the lease controlled.In Varga v. Quill, the court held that the lease controlled.A state's highest court is still the court. R 8
  • Ortiz v. Lane, 345 F.3d 12, 15 (1st Cir. 2003). The Court held that notice must be actual.Ortiz v. Lane, 345 F.3d 12, 15 (1st Cir. 2003). The court held that notice must be actual.The First Circuit isn't the Supreme Court. R 8
  • In a brief: this court should deny the motion.In a brief: This Court should deny the motion.The court you're filing in takes a capital. B8
  • Miranda v. Arizona, 384 U.S. 436, 444 (1966). The court required warnings.Miranda v. Arizona, 384 U.S. 436, 444 (1966). The Court required warnings.The U.S. Supreme Court is always the Court. R 8

Circuit, State, Act, Constitution and the other words

Rule 8 lists words that take a capital only in a set use. Circuit is capitalized with the circuit's name or number: the Ninth Circuit. State and Commonwealth are capitalized as part of a full name, when the state is a party or acts as a government, or when the word they modify is capitalized: the State argues. Act and Code are capitalized when they mean a specific act or code. Federal takes a capital only when the word it modifies does.

Constitution is capitalized for the U.S. Constitution or any constitution named in full. Its parts are capitalized only for the U.S. Constitution: the Eighth Amendment, Article III. A state constitution's parts stay lowercase: article I, section 8 of the Florida Constitution.

Judge and Justice are capitalized with a name, and Justice for a member of the U.S. Supreme Court. A Supreme Court Term is capitalized too. The adjectives built from these words never are: constitutional, congressional, presidential.

  • The ninth circuit split from the fifth circuit.The Ninth Circuit split from the Fifth Circuit.Circuit with its number takes a capital. R 8
  • The state argues that the stop was lawful.The State argues that the stop was lawful.The state is a party. R 8
  • a Constitutional right under the eighth amendmenta constitutional right under the Eighth AmendmentThe adjective is lowercase; the U.S. amendment isn't. R 8
  • Article I, Section 8 of the Florida Constitutionarticle I, section 8 of the Florida ConstitutionA state constitution's parts stay lowercase. R 8
  • Congressional intent and Federal courtscongressional intent and federal courtsAdjectives, and federal before a lowercase word. R 8

Parties and document titles in a brief

In a court document, capitalize Plaintiff, Defendant, Appellant and the like when they mean the parties in your own case, and drop the article: Defendant moved to dismiss (Bluepages B8). A party in a case you cite is lowercase: the plaintiff in Pellham.

Capitalize a document's title only when it was filed in your case and you use its real title or a short form of it: Defendant's Motion to Dismiss. A generic reference stays lowercase: a motion to dismiss is rarely granted.

  • The defendant moved to dismiss.Defendant moved to dismiss.Your own party, in a filing. B8
  • As the Plaintiff in Pellham argued,As the plaintiff in Pellham argued,A party in a case you cite is lowercase. B8

Headings and titles

In a heading or the title of a work, capitalize the first word, the word right after a colon, and every other word except articles, conjunctions and prepositions of four or fewer letters (Rule 8(a)). So from and with stay lowercase, and Under and Without take a capital.

  • Liability Of The Landlord Under The ActLiability of the Landlord Under the ActShort prepositions and articles stay lowercase. R 8(a)

Questions

Is it “the Court” or “the court” in an office memo?
“The court”, unless you mean the U.S. Supreme Court or name a court in full. A memo isn't filed in a court, so the third use of the capital doesn't apply.
Do I capitalize court for a state supreme court?
Not under the Bluebook: write the state supreme court, or name it in full (the Supreme Court of California). Some state style manuals capitalize their own highest court; follow them in a filing in that state.
Did the 22nd edition change these rules?
Not what counts as a capital for court, circuit, state or constitution. The 22nd edition added a rule on authors' last names and renumbered the text rules within Rule 8.
Does AgoFact Cite check capitalization?
It asks about “the Court” when the case you're discussing was decided by a lower court. It doesn't yet check the other words on this page.

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