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Short forms, and when supra works

After citing a case in full, shorten it to one party's name, the volume, the reporter and the pin page after at: Smith, 500 F.3d at 15. Supra is for books, articles and other secondary sources, never for cases, statutes, constitutions or regulations. In law review footnotes, a short form works only if the case was cited, in full or short form, in the same footnote or one of the five before it.

Written for the 22nd edition. Updated .

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Smith v. Jones, 500 F.3d 10, 12 (2d Cir. 2007). The court went further on rehearing. Smith, 500 F.3d 15.

Shortening a case

A case's short form keeps one party's name, the volume, the reporter and the page, joined by at (Rule 10.9). Use the first party's name unless it is a government or a party that shows up in many cases, such as the United States or a state; then use the other side's name.

If the case is already named in your sentence, the short form can drop the name: 500 F.3d at 15.

  • Smith, 500 F.3d 15.Smith, 500 F.3d at 15.A short form gives the page after at. R 10.9
  • United States, 541 U.S. at 15.Darrow, 541 U.S. at 15.Shorten to the other party, not the government. R 10.9
  • Smith, supra, at 15.Smith, 500 F.3d at 15.Supra doesn't work for cases. R 4.2

Supra and hereinafter

Supra sends the reader back to an earlier full citation of a secondary source: a book, an article, a report (Rule 4.2). In a law review it names the footnote: Doe, supra note 14, at 9.

It is never used for cases, statutes, constitutions, regulations or most legislative materials; the 22nd edition adds legislative debates to that list, while hearings may still use it. Those sources have their own short forms.

Hereinafter gives a long or awkward source a shorter name to use with supra. Put it in brackets after the full citation: [hereinafter Task Force Report].

The five-footnote rule

In law review footnotes, a case's short form is allowed only if the case was cited, in full or in short form (id. counts), in the same footnote or in one of the five footnotes before it (Rule 10.9). If it was last cited further back than that, cite it in full again.

  • Footnote 31: Smith, 500 F.3d at 15. (Last cited in note 22.)Footnote 31: Smith v. Jones, 500 F.3d 10, 15 (2d Cir. 2007).Note 22 is more than five footnotes back. R 10.9

Questions

Can I use supra for a case?
No. Cases, statutes, constitutions and regulations use their own short forms. Supra is for secondary sources such as books and articles.
Which party name goes in a case short form?
Usually the first party. If the first party is a government or a common litigant like the United States, use the other party's name.
Does the five-footnote rule apply to memos?
No. It is a law review footnote rule. In a memo or brief, use a short form once the case has been cited in full, unless the reader would have trouble finding the full cite.

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