Every lawyer must know how to properly cite sources in their writing. Mistakes in citation can make it seem like the lawyer is not paying attention to detail or doesn’t know the correct form. However, errors in citation are common in legal writing and even in judicial opinions. This may be because the rules for citation have changed since lawyers went to law school, and it’s hard to keep up with the latest information. There are also not many articles and lectures on this topic, so lawyers may not stay as current on citation rules as they do on other subjects. This article will explain the current citation rules in Florida and clarify any common misunderstandings. Florida lawyers follow rules set by the Bluebook and Florida’s Rules of Appellate Procedure for citation forms. The purpose of these rules is to make appellate practice standard and easier for the courts. It’s the duty of lawyers to use these standard forms of citation to help the judicial system. A legal citation is like a map to help the reader find the source of information. It consists of three parts: an opening signal, a description of the source, and an optional explanation of why it’s important. The opening signal tells the reader how the source is related to the argument. There are ten different opening signals, each with its own use. It’s important to always use an opening signal when citing a source to help the reader understand its purpose. When writing a paper, it’s important to use signals like “see” or “accord” to show where you got your information from. These signals help to make your writing clearer and show that your claims are supported by evidence. You should also use “see also” to add extra sources that support your argument, and “cf.” to show similar sources that back up your point. It’s important to use these signals correctly to make your writing stronger and more credible. Here’s a simplified version of the legal citation signals:
– “Compare” and “with” suggest a useful comparison or illustrate a proposition. It’s a good idea to explain why the comparison is relevant.
– “But see” introduces an authority that supports a proposition contrary to the main idea.
– “But cf.” shows an authority that supports a proposition similar to the contrary of the main idea.
– “See generally” suggests that the cited authority presents helpful background information related to the proposition.
– “E.g.” can be used with other signals to show sample cases that support a proposition.
– “Contra” has been eliminated, and its function is now covered by “but see.”
In simple terms, these signals help readers understand the relationship between different legal authorities and the main idea. The Bluebook no longer tells us how to show that a statement obviously follows from a cited authority, which is frustrating. This means writers will have to decide whether the support from the authority is direct enough to use “see” or if it’s too indirect and needs the ambiguous “Cf.” This lack of guidance is troubling.
A case citation usually includes the court, case name, volume and page number of the reporter, and the date of the decision. The format can vary depending on the court that made the decision. When citing decisions from Florida administrative agencies, use specific formats depending on the agency. For the Florida Employee Relations Commission, use the format “Wilson v. School Board, 4 F.P.E.R. ¶4262 (1978)”. For the Florida Public Service Commission, use the format “In Re Application for Approval of Transfer, 89 F.P.S.C. 11:5 (1989)”. For all other agencies, use the format “Insurance Co. v. Department of Ins., 2 F.A.L.R. 648-A (Fla. Dept. of Ins. 1980)”.
When citing United States Supreme Court opinions, use the citation to United States Reporter, Supreme Court Reporter, Lawyersâ Edition, United States Law Week, or Florida Law Weekly Federal in that order of preference.
When citing Florida Statutes, use the format §120.53, Fla. Stat. (Supp. 1974) for supplements or §350.34, Fla. Stat. (1973) for the main volume. When citing laws and rules in Florida, it’s important to get the details right. For Florida Statutes, make sure to include the year of the statute. If the law is not in the Florida Statutes, you can cite the session law as Chapter [number], §[section] at [page], Laws of Fla. The Florida Constitution is cited as Art. V, §3(b)(3), Fla. Const., and the year of adoption is only necessary if it helps avoid confusion. For Florida Rules, use the abbreviated reference followed by the rule number, such as Fla. R. Civ. P. 1.180. Make sure to consult the proper rule abbreviations in Rule 9.800 if you’re unsure. And when citing the Florida Administrative Code, use Fla. Admin. Code R.8H-3.02. When citing court cases, it’s now better to use the public domain citation instead of the regional reporter citation. This citation includes the case name, year of the decision, court name, and decision number. When citing books or publications, use the author’s full name, the title of the book or article (italicized or underlined), section number, and publication date or edition. Legislative materials are treated like books. When citing cases or laws in legal writing, it’s important to use short forms to save space. For cases, use the short form of the parties’ names and page numbers. For books or articles, use “supra” after citing them in full. However, always repeat the full citation for a constitution. Also, use parentheses to explain the relevance of a cited source if it’s not obvious. The Bluebook now requires that a parenthetical start with a present participle, and includes everyday articles like “a” and “the” in examples. This makes legal writing easier to read. There may be a rule change for citing Florida cases, and Susan W. Fox, an appellate lawyer, is involved in this. She is part of the Appellate Court Rules Committee, and works at Macfarlane Ferguson & McMullen in Tampa. She is also involved in editing legal publications. This column is written on behalf of the Appellate Practice Section.
Source: https://www.floridabar.org/the-florida-bar-journal/citation-form-getting-it-right/
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