# OREGON APPELLATE COURTS (2002) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Aor%3Abf303bf67004826f ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text Style Manual (Updated 2023) OREGON APPELLATE COURTS Style Manual (Updated 2023) Preface The Oregon Appellate Courts have adopted this style manual as a guideline for conventions used in format, citation, quotation, and style when writing opinions. It is not all-inclusive nor an attempt to dictate writing style. See ORAP 5.20(45) (referring to Style Manual as guide to conventions in style and citation). Sincere appreciation to all who added their time and talent to this project. For form and style questions not covered by this manual, please contact the OJD Publications Program (publications@ojd.state.or.us). TABLE OF CONTENTS FORMATTING In General ....................................................................................................................................... 5 I. Title Page A. Date of Opinion .................................................................................................. 6 B. Identifying Caption of the Appellate Court Issuing the Opinion ....................... 6 C. Names and Roles of the Parties to the Case....................................................... 6 D. Identification Numbers ....................................................................................... 6 E. En Banc............................................................................................................... 7 F.   Court / Agency of Origination ............................................................................ 7 G. Trial Court Judge ................................................................................................ 7 H. Argued and Submitted Date ............................................................................... 7 I.    Names of Counsel............................................................................................... 7 J.   Panel of Judges / Justices..................................................................................... 7 K. Opinion Author(s) .............................................................................................. 7 L. Disposition of Case ............................................................................................ 8 M. Designation of Prevailing Party and Award of Costs ......................................... 8 II. Body of Opinion In General ............................................................................................................................ 9 A. General Format ................................................................................................ 10 B. Structural Tools................................................................................................. 11 C. Writing Tools .................................................................................................... 14 CITATION In General ..................................................................................................................................... 15 I. Organization and Arrangement A. The Bluebook .................................................................................................... 16 B. Consistency of Citations .................................................................................. 16 C. Case Names ...................................................................................................... 16 D. Spaces and Abbreviations of Citations ............................................................. 17 E. String Citations................................................................................................. 18 F.   Signals .............................................................................................................. 18 G. Parenthetical Information ................................................................................. 18 II. Case Law A. Oregon–Full Citations ...................................................................................... 20 B. Oregon–Short Citations and Other Issues ........................................................ 26 C. Federal Jurisdictions ......................................................................................... 29 D. States Other Than Oregon ................................................................................ 31 E. Online Sources .................................................................................................. 32 III. Constitutional, Statutory, and Other Related Citations A. Oregon Citations .............................................................................................. 33 B. Federal Citations .............................................................................................. 45 2 IV. Periodical Articles, Books, Treatises, Restatements, Etc. In General .......................................................................................................................... 48 A. Periodical Articles ............................................................................................ 48 B. Books and Treatises .......................................................................................... 49 C. Restatements ..................................................................................................... 51 D. Others ............................................................................................................... 51 QUOTATION In General ..................................................................................................................................... 52 I. Citations, Parenthetical Phrases, and Footnotes A. Placement ......................................................................................................... 53 B. Use of Parenthetical Phrases With Quotations Within Text ............................. 55 II. Use of Uppercase, Brackets, and Ellipsis Within Quotations A. Use of Uppercase.............................................................................................. 59 B. Use of Brackets................................................................................................. 59 C. Use of Ellipsis................................................................................................... 62 STYLE GUIDE In General ..................................................................................................................................... 66 Other Resources ............................................................................................................................ 66 I. Spelling, Font, and Treatment of Words A. Use of Italics and Roman Typeface ................................................................. 67 B. Use of Uppercase and Lowercase .................................................................... 68 C. Numbers and Dates .......................................................................................... 72 D. Acronyms / Initialisms ...................................................................................... 75 E.  Titles and Offices ............................................................................................. 76 F. Abbreviations ................................................................................................... 76 II. Punctuation A. Apostrophes ...................................................................................................... 77 B. Colons .............................................................................................................. 78 C. Commas ............................................................................................................ 79 D. Dashes .............................................................................................................. 84 E. Hyphens ........................................................................................................... 85 F.   Punctuating Lists .............................................................................................. 87 G. Punctuating Parenthetical Elements ................................................................. 88 H. Semicolons ....................................................................................................... 88 III. Word Usage and Conventions A. Word Pairs ........................................................................................................ 90 B. Word Functions............................................................................................... 101 C. Word Usage..................................................................................................... 102 D. Variant Spellings............................................................................................. 104 IV. Common Grammatical and Style Problems A. Collective Nouns ............................................................................................ 105 B. Parallel Construction ...................................................................................... 105 3 C. Passive Voice ................................................................................................. 105 D. Verbs .............................................................................................................. 106 E. Active Voice ................................................................................................... 107 F.    Gender-Neutral Wording ............................................................................... 107 G. Informal or Technical Terminology ............................................................... 107 GLOSSARY ............................................................................................................................. 108 OPINION OVERVIEWS I.      Supreme Court .......................................................................................................... 113 II.   Court of Appeals ........................................................................................................ 114 III. Tax Court–Regular Division ..................................................................................... 115 IV. Tax Court–Magistrate Division ................................................................................ 116 APPENDIX Standard Proofreader’s Marks ........................................................................................ 117 INDEX ...................................................................................................................................... 118 4 FORMATTING In General Slip opinions are double spaced; indented quoted material is single spaced and formatted in the same style as the original material; footnotes are placed at the bottom of the page on which they are referenced. Line numbers are set out along the left hand margin, except the footnote section. The courts use Times New Roman, 13-point font. Slip opinions consist of a title page, which includes a designation of prevailing party and award of costs portion, followed by the body of the opinion. Cases Affirmed Without Opinion (AWOP) consist of a title page only. Per Curiam Opinions may consist of a title page only, but have the same weight of authority as a signed opinion. Therefore, it is not necessary to indicate parenthetically whether an opinion cited is Per Curiam. Cases that are Affirmed By An Equally Divided Court are resolved by opinion—as opposed to an order—and can consist of a title page only unless a concurring or dissenting opinion is written. Listed below are the essential elements found on a standard title page of an appellate court opinion, followed by the substantive components generally contained within the body of an opinion. Please note that these are models only and that actual title pages and opinions may vary due to the particular requirements of an individual case. Go to TABLE OF CONTENTS 5 Go to INDEX I. Title Page A. Date of Opinion The date that the opinion issues is located in the upper right hand corner of the page preceded by FILED:. B. Identifying Caption of the Appellate Court Issuing the Opinion The identification of the appellate court is centered on the page in uppercase letters, e.g., IN THE SUPREME COURT OF THE STATE OF OREGON IN THE COURT OF APPEALS OF THE STATE OF OREGON IN THE OREGON TAX COURT REGULAR DIVISION IN THE OREGON TAX COURT MAGISTRATE DIVISION For nonprecedential memorandum opinions issued by the Court of Appeals, the following recitation will precede the caption: This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). C. Names and Roles of the Parties to the Case Parties are generally listed in the order in which they appeared in the lower court or tribunal, but using their appellate court designations: appellant, respondent, petitioner on review, respondent on review, etc. That information is generally taken from the originating document filed for a case, e.g., the Notice of Appeal or Petition for Judicial Review. In criminal cases, the STATE OF OREGON is the first party listed, followed by the full name of the defendant. D. Identification Numbers Each appellate case is assigned a number when filed, which is centered on the title page below the names of the parties to the case and preceded by any identifying number(s) from the court or agency in which the case originated. If cases have been consolidated on appeal or review, then both appellate case numbers are listed. A Supreme Court case number begins with an “S,” a Court of Appeals case number begins with an “A,” a Tax Court-Regular Division case number begins with “TC,” and a Tax CourtMagistrate Division case number begins with “TC-MD.” Go to TABLE OF CONTENTS 6 Go to INDEX E. En Banc If a case is decided by the full court, then that will be noted in the first line starting at the left-hand margin. No period follows the en banc designation. The initial letter in each word is in uppercase on the title page (e.g., En Banc), but when used within the text of an opinion, the term is in lowercase letters. F. Court / Agency of Origination Identifies where / how the case originated. G. Trial Court Judge Identifies judge(s) who signed the appealable judgment(s) or order(s) that are the subject of the appeal. The Supreme Court footnotes that information on the title page with an asterisk. H. Argued and Submitted Date Identifies when the case was submitted and whether it was argued. Some cases are submitted on the record only. I. Names of Counsel The attorney(s) for all parties to a case are named. If a party appears for himself or herself (sometimes referred to as pro se), then that is noted. A person or entity appearing as amicus curiae is also identified here, along with the counsel of record. Counsel names are listed as they appear on the signature line of the briefs filed in the case. Regarding Department of Justice (DOJ) attorneys, use official titles (e.g., Attorney General, Deputy Attorney General, Solicitor General, Deputy Solicitor General, Assistant Attorney General), but do not uses any internal DOJ classification or position description, such as “Attorney-in-Charge, Post-Conviction Section” or “Senior Assistant Attorney General,” etc. Regarding Office of Public Defense Services (OPDS) attorneys, use official titles (e.g., Chief Defender, Criminal Appellate Section; Chief Defender, Juvenile Appellate Section; Deputy Public Defender), but do not use any internal OPDS classification or position description, such as “Chief Deputy,” “Senior Deputy Public Defender,” etc. J. Panel of Judges / Justices The panel of judges (in the Court of Appeals and also denoting the Presiding Judge) or the names of the Supreme Court justices deciding the case (if not heard en banc) are listed. When denoting a judge who has retired or resigned, a judge’s designation will reflect the status of the judge at the time the opinion issues. Go to TABLE OF CONTENTS 7 Go to INDEX K. Opinion Author(s) 1. Signed Opinions The author’s name is listed in uppercase. When there is a concurring or dissenting opinion, the name of its author is listed on the title page after the decision line (e.g., Smith, J., dissenting.). Each opinion is arranged in this order: majority; concurring (the authoring justice / judge wishes to write separately, but agrees with both the result and rationale of the majority opinion); specially concurring (the authoring justice / judge wishes to write separately and agrees with the result, but not the rationale, of the majority opinion); concurring in part, dissenting in part; and dissenting (the authoring justice / judge disagrees with the result of the majority opinion). If two or more justices / judges file a concurring or dissenting opinion, then the more senior justice’s / judge’s opinion goes first. See, e.g., State v. Dameron, 316 Or 448, 853 P2d 1285 (1993) (for order of opinions). When there is a nonparticipating justice in the Supreme Court, that justice’s name is footnoted on the title page of the opinion. 2. Per Curiam Opinions An opinion that summarily disposes of the case may be designated as Per Curiam. The Per Curiam designation is also used for all lawyer discipline, Bar admission, and judicial fitness matters before the Supreme Court. 3. Affirmed By An Equally Divided Court In rare circumstances, the court may be split evenly regarding the disposition of a case, in which event the case is deemed to be affirmed, although no signed majority opinion is issued. L. Disposition of Case A brief statement of the court’s holding. This holding is repeated as the last line (set out as a separate paragraph) in the body of the opinion and is referred to as the “tag line.” The tag line serves as the court’s formal disposition of the case and also serves as further instruction to the lower tribunal(s). M. Designation of Prevailing Party and Award of Costs The last part of a Supreme Court or Court of Appeals title page denotes the prevailing party and whether, and to whom, the court allows costs. Go to TABLE OF CONTENTS 8 Go to INDEX II. Body of Opinion In General Both custom and tradition influence the content and format of appellate opinions, as does the individual writing style of each judge. It is not the intent here to dictate that style, but to list standard conventions often used to organize opinions. In describing the elements of a typical opinion, our purpose is to give the reader a better understanding of appellate opinions. Due to the scrutiny to which a published appellate opinion is subjected, the court’s discussion, analysis, and holding need to be expressed clearly, succinctly, and carefully. An opinion is crafted to inform the reader of the legal issues presented, discuss the facts, explain the court’s analysis, and conclude with the court’s final disposition of the case. Because overly long sentences and paragraphs tend to appear formidable, all attempts are made to present the appellate opinion as straightforwardly as possible. Because appellate opinions are formal documents, contractions are used only when quoting from a source in which they appear. Remember, these are general guidelines only, which means that there always will be exceptions. The requirements of an individual case may demand deviation from the norms here listed. Go to TABLE OF CONTENTS 9 Go to INDEX A. General Format 1. Initial Paragraph–Introduction to the Case The opinion begins by restating the name of the authoring judge or justice or by using the Per Curiam designation in uppercase, set out separately as the first line. The introductory paragraph sets out the general nature of the case, which includes the results in any lower tribunal(s), the main issues on appeal / review, and the final disposition of the court. That provides the framework for the details that follow. To the extent possible, the opinion refers to parties by their lower tribunal(s) designations, e.g., plaintiff, defendant, claimant, etc. Exceptions include the following: (1) domestic relations cases, in which the parties are referred to as “husband” and “wife”; (2) civil commitment proceedings, in which the person for whom commitment is sought is referred to by his or her position on appeal (appellant, respondent); (3) termination of parental rights proceedings, in which the parents are referred to as “mother” and “father,” and the children are referred to as “child” or “children” or sometimes by initials. The proper names of victims are not used. See page 103 for further discussion. When citing a concurring or dissenting opinion, the author’s last name is used. When a dissenting or concurring opinion refers to the majority opinion, the majority opinion is referred to as such, not by its author. If a party has a long name, a shortened version is usually developed for use in subsequent references, e.g., First Security Bank of the Northwest may be referred to simply as “First Security” or “bank.” 2. Statement of Facts The pertinent facts of a case are set out in a concise and objective manner. Those facts can be organized in patterns, e.g., chronologically or geographically, or by issue, witness, or actor. If an issue is complex, the facts may be set out in general here and then in more detail when discussing the issue to which they relate. 3. Discussion of Issues The opinion then addresses the dispositive issue(s) in a manner appropriate to the circumstances of the case. One approach is to state the parties’ positions, either in the order in which they were raised below, discussed in the briefs, or dictated by circumstance; respond to those arguments; and then provide an Go to TABLE OF CONTENTS 10 Go to INDEX explanation for the result reached by stating the authorities relied on. Simply stated, the discussion states the issue, how it is resolved on the facts of the case with citation to relevant authority, and the effect of the resolution. 4. Disposition of Case The final paragraph states the result and gives instructions when necessary. The conclusion is followed by the tag line, a separate paragraph that sets out the court’s final ruling and serves as further instruction to the lower tribunal(s). B. Structural Tools If a case is complex, then the authoring judge may decide to divide the opinion into designated parts and label them to identify for the reader the discussion of the case. That is accomplished by using the methods discussed below. 1. Paragraph or Section Headings a. Format (1) Headings An author may decide to use principal divisions within an opinion. When used, headings for those divisions are centered and set out in uppercase letters. Roman numerals are not used if subheads are omitted. (2) Outline Method If dividing and labeling an opinion into sections and subsections, then the standard outline format is used as set out below. Standard outline rules apply, e.g., if there is a heading designated I., then there must be a II., if there is a subheading A., then there must be a B., etc. Initial caps are used in the first level of subheadings (on all words except articles, prepositions, and conjunctions) unless the subheading reads as a complete sentence. Each new level of subheading starts at a new level of indentation, with an indent following the number or letter. The levels of outlining are referred to as follows: Headings (indicated by Roman numerals) Subheadings (indicated by uppercase letters) Paragraphs (indicated by numerals) Subparagraphs (indicated by lower case letters) Subsubparagraphs (indicated by numbers within parentheses) Go to TABLE OF CONTENTS 11 Go to INDEX I. HEADING (centered, uppercase, no italic or boldface font, if there are no subheadings, then do not number headings) A. Subheading Example with Initial Uppercase Set subheading flush left, beginning with nonitalicized alpha character “A.” Indent after alpha character, followed by italicized subheading. If subheading is not a sentence, then use initial uppercase, but if subheading is a sentence, then use a period and no initial uppercase after the first word. B. 1. Paragraph heading is indented and italicized (do not use initial uppercase after the first word; use a period only if a sentence). 2. If there is a paragraph 1, then there must be a paragraph 2. a. Subparagraph heading is indented twice, no italics. b. If there is a subparagraph a, then there must be a subparagraph b. (1) Subsubparagraph heading is indented yet again, no italics. (2) If there is a subsubparagraph (1), then there must be a subsubparagraph (2). This is an example of a subheading that does not require initial uppercase but does use a period, because it is a sentence. If there is a subheading A, then there must be a subheading B. Paragraphs that follow any of these headings are formatted like this one, flush left with a first-line indent. NOTE: With regard to case names in subheadings, if the opinion subheadings only involve the first scenario (see below), italicize the case name, which reads better to the reader. But, if the opinion subheadings have both scenarios (or only the second one), then format as follows, for internal consistency: A. State v. Baker B. State v. Jones and its Progeny b. Bulleted or Numbered Lists It may be more clear to organize certain text, e.g., events, dates, testimony, etc., using a bulleted or numbered list. The bulleted list generally is indented. The use of bullets can help to differentiate items in a list that need no particular order, e.g., • Car of little or no value • Boat valued at $10,000 • Personal jewelry that is valued at more than $5,000, but less than $10,000, and similar items. Go to TABLE OF CONTENTS 12 Go to INDEX Numbered lists, with each numeral appearing inside a set of parentheses, help to organize and display information to show relationship, e.g., Defendant argues as follows: (1) the trial court erred; (2) the error was not harmless; and (3) his conviction should be reversed. See pages 87 to 88 for further discussion regarding the proper structure for numbered lists. 2. Quotations When construing a statute or administrative rule, for example, the author generally quotes the pertinent text. The purpose of quotation is to provide the reader with the information necessary to understand the court’s discussion of the issues and the law governing its analysis. The proper format for quoted material is discussed in the Citation and Quotation sections. 3. Footnotes a. In General Footnotes document sources of information or make ancillary references. Substantive information is best addressed within the body of the opinion. Footnote text begins on the same line as the superscripted footnote number, except when the footnote begins with a block quotation. b. Citations in Footnotes When citing a case in a footnote and the case has not previously been cited (in text or footnote), use the full case citation. If the case has already been cited (in text or footnote), then use a short citation. (Note that, if a case is cited for the first time in a footnote, then the first subsequent citation to that case in the text must also be a full citation. See pages 20 and 25.) c. Referencing to and Setting Out Footnoted Text Within Body of Opinion Footnote numbers, where applicable, are placed after periods, commas, colons, semicolons, and quotation marks. Footnote numbers also are placed after a closing parenthesis, unless the footnote refers to material inside the parentheses. Footnote numbers inserted within quoted material are set out using superscripted brackets. 4. Maps / Pictures / Appendices It may be necessary to include graphic information to convey a more clear understanding of the issue(s). In that event, a photograph, map, or chart is either appended to the opinion or inserted within the text where applicable. When included, an appendix is usually first described in narrative form. The appendix typically begins on a separate page at the end of the opinion with the heading “Appendix.” Go to TABLE OF CONTENTS 13 Go to INDEX C. Writing Tools 1. Fonts a. Italics and Underscoring Italic typeface is used within opinions to denote case names, to set out introductory signals, to indicate and less common foreign terminology, and to supply emphasis. See examples listed on page 67. Excessive use of italics for emphasis is discouraged. Underscoring is used only in quotations when the original source used underscoring for emphasis or headings and the like. b. Boldface and Uppercase It is best to avoid using a variety of styles and fonts within an opinion. Use of boldface or all uppercase letters in text is discouraged as a distraction to the reader. Italic type generally is sufficient to show emphasis. Avoid using UPPERCASE BOLDFACE ITALIC, as it is difficult to read. 2. Make Smooth Transitions When turning to a new issue or argument within an opinion, use introductory sentences or paragraphs to indicate transition between discussions. Use signal words to connect thoughts back to a preceding point or ahead to the next one, e.g., further, however, consequently, etc. Explore one idea per paragraph, relating each sentence to that central idea. Go to TABLE OF CONTENTS 14 Go to INDEX CITATION In General In legal citation, it is paramount to cite authorities in a clear and concise manner, thereby enabling the reader to locate those sources. Within this Style Manual, we have endeavored to include citation examples of sources often cited within the framework of appellate opinions. When citing an authority not discussed here, follow the format of like material. Citations should be made to official print sources whenever possible. If there is no official printed version or if it is difficult to obtain, or the publishing entity has designated an electronic source as the official version, then citation to that source should follow the format (as closely as possible) as described within this manual. Go to TABLE OF CONTENTS 15 Go to INDEX I. Organization and Arrangement A. The Bluebook The appellate courts generally follow the citation practices set out in the most current version of The Harvard Law Review Association’s The Bluebook, A Uniform System of Citation, except as noted in this Style Manual. The Bluebook is used as the default source for citation questions not addressed here. B. Consistency of Citations If you cannot find a specific rule that addresses your particular citation situation, then cite the authority in a clear, sensible manner that will convey the information needed to find the cited authority. Consistency within a particular document is important to avoid distracting and confusing the reader. In subsequent case history, if all the decisions in one case take place during the same year, then place the date (year) once at the end of the entire citation. However, if the decisions span more than one year, then place all years in the appropriate places, as shown in the examples. See, e.g., pages 23 to 24. Standard references used for prior or subsequent case history in citations are as follows: Acceptable Abbreviations: Terms Not Abbreviated: adh’d to on recons (adhered) allowed (not all) aff’d (affirmed) appeal dismissed cert (certiorari) as improvidently allowed cert den (certiorari denied) compiled as a note after recons (reconsideration; not recon) decision by order reh’g (rehearing) dismissed (not dism) rem’d (remanded) modified (not mod) rev’d (reversed) overruled on other grounds rev (revised) rev den (review denied) vac’d (vacated) writ den (writ of mandamus denied) C. Case Names When citing Oregon appellate cases, DO NOT use the title page, a regional reporter, Premise, Westlaw, or LEXIS as a source for the official case name. Use the case name exactly as published in the official state reporter, located at the top of either the Go to TABLE OF CONTENTS 16 Go to INDEX odd- or even-numbered pages. In the Oregon Reports and the Oregon Appellate Courts Advance Sheets, the case name appears on the even-numbered pages. Exception for cases concerning the federal Violence Against Women Act (VAWA): Per Joint CJO 23-012/23-01, effective April 1, 2023, when citing to any VAWA case, the author shall modify the case names to include only the initials of the protected party, regardless of how the case names were previously published. As stated in Joint CJO 23-012/23-01, cases are designated as “VAWA cases” in the Appellate Case Management System and include civil stalking, Family Abuse Prevention Act, Elderly Persons with Disabilities Abuse Prevention Act, Registration of Foreign Restraining Orders, Sexual Abuse Protection Orders, Extreme Risk Protection Orders, and Punitive Contempt Cases, most of which involve the violation of restraining orders, as well as other individual cases that court staff have determined should be so designated under the provisions of VAWA. In the Oregon Reports and the Oregon Appellate Courts Advance Sheets, the case name appears on the even-numbered pages. If citing a case from a jurisdiction that does not have its own separate official reporter or if you do not have access to the official reports, then use the case name as used in the regional reporter or follow the naming conventions as set out in The Bluebook when using online services. Cases that are Affirmed Without Opinion are listed in tables using their full case titles. In the event that such a case needs to be cited using a shortened case name, please contact the Publications Program for the correct case name if it is not easily discernible. In older bound volumes of the Oregon Reports, case names are shown with small uppercase letters. Replace those with ordinary Roman type for citation purposes. Also in older volumes, running heads are sometimes shown using et al., et ux., or et vir. to indicate additional parties. For purposes of consistency when citing such cases, those abbreviations should be included, as well as their punctuation. D. Spaces and Abbreviations of Citations Generally, spaces in citations are used to separate longer abbreviations, e.g., S Ct, F Supp, L Ed 2d, Or L Rev, Tex App, etc. A space is not necessary between adjacent single uppercase letters or numerals and ordinals that are treated as single uppercase letters, e.g., P3d, NE2d, NYS2d, but insert a space before any abbreviation containing two or more letters, e.g., So 2d. Periods are not used after abbreviations, except when quoting material in which they are included. Go to TABLE OF CONTENTS 17 Go to INDEX E. String Citations When using string citations, follow The Bluebook format for the order of authorities, i.e., (1) cases decided by the same court, or by all federal circuit courts of appeals or federal district courts, are arranged in reverse chronological order; and (2) different courts generally are set out by rank. Use a semicolon, not a comma or the word “and,” to separate citations within a string. F. Signals Introductory signals are used to indicate the level of support to be found in a citation, suggest comparison, indicate contradiction, or indicate background material. When using a signal, it is important to recognize the intent of the signal. Some signals indicate support: e.g., see, see also, accord, cf.; others comparison: compare (using the construction compare and or compare with); or contradiction: contra, but see, but cf.; and background: see generally. Like signals are grouped into a single citation sentence, separated by a semicolon. The courts generally follow The Bluebook regarding the appropriate use of signals, i.e., the meaning of each signal, order of signals, order of authorities within signals, and parentheticals with signals. When using signals, the courts typically include a parenthetical explanation briefly describing the relevance of the authority cited, e.g., Cf. State v. Brown, 300 Or 125, 130, 860 P2d 498 (1985) (hearsay inadmissible at trial). See, e.g., OEC 401 (regarding relevancy of evidence). School Dist. 1, Mult. Co. v. Bingham et al., 204 Or 601, 611, 283 P2d 670, modified on reh’g, 204 Or 606, 284 P2d 779 (1955) (when interpreting Oregon Constitution, court must assume that every word, clause, and sentence therein inserted for some useful purpose). NOTE: No signal is needed when the cited authority directly states the proposition; in some situations, it still may be advisable to include a parenthetical explanation, even if no signal is used. Also, note that the internal comma within a signal is italicized. G. Parenthetical Information Parenthetical explanations are added as needed to describe the relevance of an authority that is cited in the text. Although not mandatory, often that information is Go to TABLE OF CONTENTS 18 Go to INDEX helpful for clarification. A parenthetical statement can consist of quoted material or a brief statement. When including a parenthetical explanation in a case with citations to subsequent history, place the explanation following all the subsequent case history. Quoted statements that read as a complete sentence should include an initial uppercase letter and period (with brackets and / or an ellipsis, if appropriate), but other material that reads as a sentence does not receive an initial uppercase letter or a period, e.g., Old v. Navy, 555 Or App 444, 447, 222 P3d 888 (2015) (“[An] award of ‘reasonable’ attorney fees does not preclude the use of a multiplier or other fee enhancement *  *  *. Such an enhancement may be applied at the beginning of the calculation process.”). Aber v. Crombie, 123 Or 234, 236, 456 P3d 678 (2015) (the constitution does not provide that shirts have to be “button down”). See, e.g., People v. Vasquez, 148 P3d 326, 330 (Colo Ct App 2006), rev den, No 06SC556, 2006 WL 3404625 (Colo, Nov 27, 2006) (“Because the reasonable person standard requires a ‘defendant [to] appraise the situation as would a reasonable sober [person],’ evidence of voluntary intoxication is irrelevant to the defendant’s affirmative defense of self-defense.” (Quoting LaFave, 2 Substantive Criminal Law § 9.5(d) at 51 (emphasis in LaFave; brackets in Vasquez).)). More examples of parenthetical phrases can be found on pages 57 to 58. Go to TABLE OF CONTENTS 19 Go to INDEX II. Case Law A. Oregon–Full Citations When citing a case for the first time in the text of an opinion (majority, concurring, or dissenting) use the full case citation. (If the case has previously been cited in full in a footnote, then the first textual citation to the case should still be a full citation.) See page 13. The basic citation format for a full case citation includes these elements, in this order: name of the case (using the official running head, but redacting any protected party’s name to initials in VAWA cases, see example on page 25); volume, abbreviated name of the official reporter, and beginning page number of the case; parallel citation to regional reporter; parenthetical indicating year case was decided; subsequent history; and any other pertinent parenthetical information. 1. Supreme Court PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993). NOTE: Oregon Supreme Court cases issued before 1888 have no parallel citations. On rehearing Older Oregon cases with separate “rehearing” decisions have one Oregon citation (because the rehearing decision was published immediately after the initial decision), but two West citations. For those cases, the year shown in the published case name at the top of the odd- or even-numbered pages is the year that a decision on rehearing was issued, not the year that the case initially was decided (if different). Citation to such cases depends on whether you are citing to the original decision or the decision on rehearing. If citing the initial decision, include the date of that decision, then include the rehearing information as subsequent history: State v. Laundy, 103 Or 443, 455, 204 P 958 (1921), reh’g den, 103 Or 503, 206 P 290 (1922). NOTE: Opinion on the merits begins on page 443, but opinion on rehearing starts on page 503. Go to TABLE OF CONTENTS 20 Go to INDEX If citing the rehearing decision, then cite both decisions, with the rehearing year and a “rehearing” indicator: State v. Laundy, 103 Or 443, 503, 206 P 290 (1922) (on rehearing). On reconsideration (specify disposition): Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 322 Or 406, 908 P2d 300 (1995), modified on recons, 325 Or 46, 932 P2d 1141 (1997). NOTE: If citing only the case on reconsideration, it is not necessary to include the earlier case citation, e.g., Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 325 Or 46, 932 P2d 1141 (1997). Overruled by subsequent Oregon case: Rose v. Port of Portland, 82 Or 541, 552, 162 P 498 (1917), overruled in part on other grounds by State ex rel Heinig v. Milwaukie et al, 231 Or 473, 479, 373 P2d 680 (1962). Rejected by subsequent Oregon case: State v. Smith, 295 Or 200, 625 P2d 20 (1981), rejected in part by State v. Jones, 321 Or 100, 805 P2d 150 (1991). (Other alternatives, such as, “abrogated by” and “questioned by,” can be used as appropriate.) Certiorari (or writ) denied by United States Supreme Court: Dept. of Trans. v. Lundberg, 312 Or 568, 825 P2d 641, cert den, 506 US 975 (1992). Whitman v. United States, 904 F Supp 2d 363 (SDNY 2012), writ den, 574 US ___, 135 S Ct 352 (2014). NOTE: (1) Always include cert den, if applicable. (2) If certiorari is dismissed, use the same format as the above example, substituting “cert dismissed” for “cert den.” (3) Unless certiorari is denied or dismissed by opinion, parallel citations are not necessary for “cert den” or “cert dismissed” after they are published in the United States Reports. Go to TABLE OF CONTENTS 21 Go to INDEX Certiorari granted by United States Supreme Court (include as much information as is available at the time that you are writing). These examples list earliest to latest sources: State v. Ice, 343 Or 248, 70 P3d 1049, cert granted, __ US __, 76 USLW 3496 (Mar 17, 2008). State v. Ice, 343 Or 248, 70 P3d 1049, cert granted, __ US __, 128 S Ct 1657 (2008). State v. Ice, 343 Or 248, 70 P3d 1049, cert granted, 552 US 1256 (2008). Supreme Court opinion reversed by United States Supreme Court: Gilliam County v. Dept. of Environmental Quality, 316 Or 99, 849 P2d 500 (1993), rev’d and rem’d sub nom Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore., 511 US 93, 114 S Ct 1345, 128 L Ed 2d 13 (1994). Sub nom indicates that a different case name was used in subsequent history. Regarding changing case names, follow this rule: When the name of the case differs in prior or subsequent history, the new name must be given, except (1) when the parties’ names merely are reversed; (2) when the citation in which the difference occurs is to a denial of certiorari or rehearing; or (3) when, in the appeal of an administrative action, the name of the private party remains the same. Use the word “by” when referring to subsequent case history only if referring to an entirely different case, e.g., Keenan v. Norris-Lampe, 330 Or 456, 777 P2d 897 (1999), overruled on other grounds by Bennett v. Bauman, 333 Or 566, 790 P2d 654 (2001). Otherwise, use sub nom, as explained above, e.g., Smith v. Jones, 330 Or 456, 777 P2d 897 (1999), rev’d on other grounds sub nom Jones and White v. Smith, 668 US 123, 113 S Ct 1346, 129 L Ed 2d 14 (2001). 2. Court of Appeals Precedential opinions: Lesch v. DeWitt, 118 Or App 397, 847 P2d 888 (1993). Nonprecedential memorandum opinions (cited in accordance with ORAP 10.30): State v. Nord, 320 Or App 672 (2022) (nonprecedential memorandum opinion). NOTE: Because the parenthetical included in nonprecedential memorandum opinions concerns weight of authority, it precedes any subsequent history, such as opinions on reconsideration or the denial of review by the Supreme Court, e.g., Party v. Party, 320 Or App 486 (nonprecedential memorandum opinion), rev den, 370 Or 56 (2022). Go to TABLE OF CONTENTS 22 Go to INDEX Overruled by subsequent Oregon case: Eklund v. Clackamas County, 36 Or App 73, 583 P2d 567 (1978), overruled on other grounds by Forman v. Clatsop County, 63 Or App 617, 665 P2d 365 (1983). Supreme Court review denied: Allred v. Board of Parole, 124 Or App 278, 862 P2d 546 (1993), rev den, 318 Or 325 (1994). More than one petition for review denied: Allred v. Board of Parole, 124 Or App 278, 862 P2d 546 (1993), rev den, 318 Or 325; 318 Or 502 (1994). NOTE: (1) Always include rev den and cert den, if applicable. (2) Unless the review denied or certiorari denied citation is not available or there is an opinion denying review or certiorari, parallel citations are not necessary. (3) Before 1976, disposition of petitions for review were not published; accordingly, only the year and disposition are indicated, e.g., State v. Smith, 14 Or App 72 (1973), rev den (1974). (4) When a petition for review has been filed in a case, but not yet acted on, the current practice of the appellate courts is NOT to show that review is pending. However, practitioners may want to do so when writing a brief. Supreme Court review allowed, but case not yet decided: Lesch v. DeWitt, 118 Or App 397, 847 P2d 888, rev allowed, 317 Or 162 (1993). Supreme Court review allowed, then later dismissed: Finch v. Andrews, 124 Or App 558, 863 P2d 496, rev dismissed, 320 Or 267 (1994). NOTE: If applicable, it is optional to include “as improvidently allowed” after “rev dismissed.” Court of Appeals decision affirmed by Supreme Court: State v. McCoy, 17 Or App 155, 521 P2d 1074, aff’d, 270 Or 340, 527 P2d 725 (1974). Court of Appeals decision reversed by Supreme Court: State v. Cloutier, 33 Or App 121, 575 P2d 996, rev’d on other grounds, 286 Or 579, 596 P2d 278 (1979). Court of Appeals decision remanded by Supreme Court: State v. White, 59 Or App 61, 650 P2d 184 (1982), rem’d, 297 Or 302, 685 P2d 983 (1984). Go to TABLE OF CONTENTS 23 Go to INDEX Court of Appeals decision on reconsideration (specify disposition): Kirpal Light Satsang v. Douglas County, 96 Or App 207, 772 P2d 944, adh’d to on recons, 97 Or App 614, 776 P2d 1312 (1989). State v. Ramirez, 205 Or App 113, 133 P3d 343, adh’d to on recons, 207 Or App 1, 139 P3d 981 (2006), rev’d on other grounds, 343 Or 505, 173 P3d 817 (2007), adh’d to as modified on recons, 344 Or 195, 179 P3d 673 (2008). NOTE: Whether to include “on other grounds” in subsequent history to the Court of Appeals opinion depends on the proposition for which the case is being cited. Court of Appeals decision vacated by unpublished order: Davis v. Johnson, 155 Or App 266, 958 P2d 907 (1998), decision vac’d by order, July 21, 1998. Oregon review denied and United States Supreme Court certiorari denied (but not by opinion): State Highway Com. v. DeLong Corp., 9 Or App 550, 495 P2d 1215, rev den (1972), cert den, 411 US 965 (1973). Axen v. American Home Products Corp., 158 Or App 292, 974 P2d 224, adh’d to on recons, 160 Or App 19, 981 P2d 340, rev den, 329 Or 357 (1999), cert den, 528 US 1136 (2000). If certiorari is dismissed, use the same format as the above example, substituting “cert dismissed” for “cert den.” Certiorari denied by opinion by United States Supreme Court: State v. Smith, 30 Or App 462, 575 P2d 369, rev den, 282 Or 823 (1978), cert den, 454 US 324, 99 S Ct 379, 25 L Ed 2d 889 (1979). Appeal dismissed by United States Supreme Court (if by opinion, as in the example below, include parallel citations; otherwise, cite only United States Reporter): Boykin v. Ott, 10 Or App 210, 498 P2d 815, rev den (1972), appeal dismissed, 411 US 912, 36 S Ct 304, 93 L Ed 2d 1554 (1973). 3. Tax Court Regular Division: Fellows v. Dept. of Rev., 14 OTR 13 (1999). Unpublished Regular Division Decisions: Fellows v. Dept. of Rev., TC 4952, WL 2037643 (Or Tax, May 24, 1999). (optional to include online reference, but recommended) Magistrate Division: Jacobs v. Harney Co., 16 OTR-MD 344 (2001). Go to TABLE OF CONTENTS 24 Go to INDEX Unpublished Magistrate Division Decisions: Jacobs v. Harney Co., TC-MD 994356Z, WL 842084 at *3 (Or Tax M Div, Apr 7, 2000). (optional to include online reference, but recommended) NOTE: For citing subsequent history, refer to examples for the Court of Appeals. 4. Case Not Yet Appearing in Publication Jones v. State of Oregon, ___ Or ___, ___, ___ P3d ___ (Apr 1, 2013) (slip op at 15:9-16). Smith, ___ Or at ___ (slip op at 28:6 - 29:2). Smith, ___ Or at ___, ___ (slip op at 28:6 - 29:2; slip op at 31:17 - 32:2). NOTE: To ensure correct cross-referencing within a slip opinion, the appellate courts cite the appropriate page number(s). For added accuracy, the Supreme Court also includes the specific line number(s). Smith v. Jones, ___ Or App ___, ___ n 3, ___ P3d ___ (Feb 1, 2013) (emphasis added) (slip op at 5 n 3). 5. Circuit Court Cases State v. Cazares-Mendoza, Case No. C062326CR. 6. VAWA (Violence Against Women Act) Cases Case title in court records: Protected Party v. Second Party Title Page format: P. P. v. SECOND PARTY Full citation format (even if previously published as Party v. Party): P. P. v. Party, 325 Or App 123, 456 P3d 789 (2023). Short citation format: P. P., 325 Or App at 124. NOTE: When redacting a name to initials, use the first letter of each name in the protected party’s name, maintaining hyphens, if used (e.g., Jane Doe-Smith v. John Doe would be formatted J. D.-S. v. Doe, if Jane is the protected party; Doe-Smith v. J. D., if John is the protected party). Short citation format follows the same rules set out below--using the first nongovernmental party, whether initials or not. NOTE: If uncertain as to what the proper shortened case name would be for a case, such as an opinion issued the same day or a case that was affirmed without opinion, contact the Publications Program for the correct case name for citation purposes (as there is a limit to the number of characters that can be used). B. Oregon–Short Citations and Other Issues 1. In General When citing a case that has already been cited in the text of an opinion, use a short citation. However, if the only previous citation to a case is in a footnote, use the full citation the first time the case is cited in the text. See page 13. Go to TABLE OF CONTENTS 25 Go to INDEX When using a shortened case name in a short citation, the shortened case name is the first nongovernmental party appearing in the official case name citation, e.g., State v. Bates, 304 Or 519, 747 P2d 991 (1987). (full citation, first reference) Short citation form is [shortened case name], [volume number] [reporter] at [page], e.g., Bates, 304 Or at 522 (eliminating the parallel citation). When citing a specific page when the case name is used in the sentence being cited, or if there otherwise is no doubt as to the case being cited, the case name may be omitted from the citation, e.g., In Bates, this court stated that the officers violated defendant’s constitutional rights by instructing him to move bag into view. 304 Or at 527. or In Bates, this court addressed a similar issue. The court held that, by ordering defendant to move the bag, the police violated defendant’s constitutional rights. 304 Or at 527. Otherwise, include the shortened case name with the citation: This court held that the officers violated defendant’s constitutional rights by instructing him to move the bag into view. Bates, 304 Or at 527. NOTE: Even when a governmental official is individually named, use the first nongovernmental party appearing in the official case name citation for the shortened case name. 2. Variations on Case Name If a shortened case name causes confusion, such as if two cases with similar names have been cited within the same opinion, then use the full case name for each throughout the opinion, e.g., State v. Bates Bates v. Smith Go to TABLE OF CONTENTS 26 Go to INDEX When both parties have the same last name, as in some domestic relations matters, e.g., Smith and Smith, use Smith as the short cite. Additionally, an explanation might need to be added for clarity, such as a modified case name in parentheses, if there are related cases in a series, e.g., The accused has a disciplinary record, having been suspended twice from the practice of law. See In re Wyllie, 326 Or 447, 952 P2d 550 (1998) (Wyllie I) (one-year suspension for refusing to comply with remedial program); In re Wyllie, 327 Or 175, 957 P2d 1222 (1998) (Wyllie II ) (two-year suspension for misrepresenting compliance with MCLE requirements and failing to cooperate). In Wyllie I, *  *  * or The Court of Appeals affirmed the tort judgment, concluding that it was unnecessary to resolve the breach of contract counterclaim. Northwest Natural Gas Co. v. Chase Gardens, Inc., 146 Or App 249, 933 P2d 370 (1997) (Chase I ). This court allowed review in Chase I, reversed, and remanded for consideration of Chase’s contract claim. Northwest Natural Gas Co. v. Chase Gardens, Inc., 328 Or 487, 982 P2d 1117 (1999) (Chase II ). On remand, the Court of Appeals, relying in large part on its earlier decision and this court’s decision in Chase II, concluded that Chase’s breach of contract judgment could not be sustained. Northwest Natural Gas Co. v. Chase Gardens, Inc., 164 Or App 763, 995 P2d 555 (2000) (Chase III ). We now reverse the Court of Appeals decision in Chase III. In lawyer disciplinary cases, the shortened case name is the lawyer’s last name, without the In re designation, e.g., In re Jones, 326 Or 195, 951 P2d 149 (1997). (full citation form) Jones, 326 Or at 198. (short citation form) In mandamus cases initiated after 1997, the case name is the same as the case name of the proceeding in the lower court, and the judge’s name (if the case involves a circuit court judge action) does not appear in the title, e.g., State v. Foster. In older mandamus cases, the name of the judge whose action was being challenged was included in the title, together with a “State ex rel” designation; cite such cases as follows: State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145 (1997). (full citation form) Huddleston, 324 Or at 600. (short citation form) NOTE: The appellate courts do not use “supra” as a substitute for short citations. Go to TABLE OF CONTENTS 27 Go to INDEX 3. Citation to Series of Pages When citing a series of pages, indicate the page numbers as follows: Stranahan, 331 Or at 57-58. Fugate, 332 Or at 202-03. (not 202-3) Joslin, 332 Or at 499-501. (not 499-01) 4. e.g., Use of “id.” with Case Names When citing the immediately preceding authority, it is acceptable to use id., Id. at 525. If citing the same page of the immediately preceding authority, then use id. without the page number. CAUTION: Do not use id. where there is an intervening citation to another authority (be it a case name, statute, or some other authority). When there is an intervening textual reference, use id. only when there is no danger of ambiguity. 5. Citation to Footnote State v. Trenary, 114 Or App 608, 610 n 2, 836 P2d 739 (1992). Trenary, 114 Or App at 610 n 2. (short citation form) When citing a series of footnotes, indicate the page numbers as follows: State v. Trenary, 114 Or App 608, 610 nn 3-5, 836 P2d 739 (1992). State v. Trenary, 114 Or App 608, 610 n 3, 611 nn 4 & 5, 836 P2d 739 (1992). NOTE: Citation is to the first page on which the footnote appears, even if it spans more than one page, no matter where the pertinent text actually appears. When citing text contained in the body of the opinion and also in a footnote set out on the same page, set out the page number twice, e.g., Trenary, 114 Or App at 610, 610 n 2. or Trenary, 114 Or App at 610 & n 2. Go to TABLE OF CONTENTS 28 Go to INDEX 6. Internal Citations; Dissents; Concurrences The majority cites a dissenting or concurring opinion in all references (regardless of the number of dissenting or concurring opinions) as follows: The dissent contends that the statute operates prospectively only. ___ Or App at ___ (Smith, J., dissenting) (slip op at 3). A dissent or concurrence cites the majority opinion as follows (do not include the case name): The majority concludes that the statute operates retroactively. ___ Or App at ___ (slip op at 7). A dissent or concurrence cites itself as follows: As noted above, I dissent because I disagree with the majority’s statutory construction and conclusion. ___ Or App at ___ (Smith, J., dissenting) (slip op at 1). NOTE: Do not use supra or infra and do not use only “See note 6” when referring to earlier or later parts of an opinion (be it majority, concurring, or dissenting); instead, use the short citation. For example, a majority internal citation is set out as: As noted, ORS 813.010 prohibits driving under the influence of intoxicants. See ___ Or App at ___ n 6 (slip op at 4 n 6). 7. Short Citation Form for Oregon Tax Cases Fellows, 14 OTR at 17. (Regular Division) Jacobs, 16 OTR-MD at 347. (Magistrate Division) 8. e.g., Possessive Endings on Case Names When a name of a case takes a possessive ending, the “ 's ” is not italicized, Bates’s rule applies in this case. C. Federal Jurisdictions For United States Supreme Court cases, the case name for citation purposes is taken from the case name citation in the United States Reports (US), if available (which appears on the odd-numbered pages); otherwise, use the case name citation from an alternative reporter. (Note that the case name citations frequently differ in those Go to TABLE OF CONTENTS 29 Go to INDEX publications.) The short citation also is to the US Reports, if available; otherwise, cite the Supreme Court reports, if available, if not, then cite the Lawyer’s Edition. (Note that some material within the text of the Court’s opinions, such as citations and quotations, often varies between publications.) If the US Reports citation is not available, insert “___ US ___” (including a blank for a jump / pinpoint) citation, if applicable) in all full and short citations, before the citation to an alternative reporter. 1. United States Supreme Court Wagner v. Oregon, 492 US 914, 109 S Ct 3235, 163 L Ed 2d 583 (1989). (first reference) Wagner, 492 US at 916. (short citation form) NOTE: It is acceptable to refer to Miranda v. Arizona without including full citation, e.g., “Miranda rights” or “Miranda warnings.” 2. Federal 3d and 2d (case name appears on odd-numbered pages) Johnson v. Clifton, 74 F3d 1087 (11th Cir), cert den, 519 US 808 (1996). Freije v. United States, 408 F2d 100, 102 (1st Cir), cert den, 396 US 859 (1969). U.S. v. Echeverri, 982 F2d 675 (1st Cir 1993). United States v. Wainwright, 413 F2d 796, 803 (10th Cir 1969), cert den, 396 US 1009 (1970). 3. Federal Supplement (case name appears on odd-numbered pages) Lucas v. Seagrave Corporation, 277 F Supp 338 (D Minn 1967). United States v. Zeiger, 350 F Supp 685 (DDC), rev’d, 475 F2d 1280 (DC Cir 1972). If unpublished: Smith v. Jones, No CV 96-6109-TC (D Or Feb 5, 2001). NOTE: For abbreviations of federal district courts, see The Bluebook. 4. Federal Cases with Incomplete Information United States v. Edwards, ___ US ___, 94 S Ct 1100, 39 L Ed 2d 771 (1974). (first reference) Go to TABLE OF CONTENTS 30 Go to INDEX Id. at ___, 94 S Ct at 1109 (short citation form) Washington v. Glucksberg, ___ US ___, ___ S Ct ___, ___ L Ed 2d ___, 65 USLW 4669 (June 24, 1997). United States v. Louiriev, 22 Crim L Rep 2369, ___ F2d ___ (8th Cir, Dec 30, 1977). Naquin v. Elevating Boats, L.L.C., 744 F3d 927 (5th Cir), cert den, ___ US ___, 135 S Ct 357 (2014). 5. Federal Tax Cases The order of authority for federal tax cases is (1) the United States Supreme Court; (2) federal courts of appeals; (3) federal district courts; and (4) the United States Tax Court. Federal tax cases from the United States Supreme Court, United States Court of Appeals, Court of Federal Claims, and United States District Court are combined and bound as “U.S. Tax Cases”; therefore, the best citation will contain both the federal and parallel citations. For example, Furlow, Jr. v. U.S., 55 F Supp 2d 360, 2000-1 US Tax Cas (CCH) ¶ 50,684 (D Md 1999). NOTE: “U.S. Tax Cases” often is abbreviated as “USTC,” but that is not the formal citation. United States Tax Court: Benson v. Commissioner, 80 TC 789 (1983). Crook v. Maine, 132 TCM (CCH) 44 (1999). (memorandum decision) D. States Other Than Oregon NOTE: For abbreviations of state and regional reporters, see The Bluebook. For states other than Oregon, cite the official reporter first, then add the regional reporter when using jump / pinpoint citations because that benefits readers who have access to only regional reporters, e.g., In Statser v. Statser, 205 Okla 608, 611, 239 P2d 764, 766 (1951), the court stated: “[T]he terms of the condition are directed to defendant’s granting or withholding permission; the condition does not purport to authorize police action.” Go to TABLE OF CONTENTS 31 Go to INDEX The court continued: “Defendant, of course, may argue that the safeguard for employees exceeds the ordinary standard of due care considering the nature of the risk and the foreseeability of injury.” Id. at 615, 239 P2d at 768. NOTE: The appellate courts accept practitioners’ submissions jump / pinpoint citing only regional reporters except when citing Oregon appellate decisions. For cases not yet appearing in publication, it is acceptable to use a citation to Westlaw, e.g., State v. Smith, No 26245-2-II, 2013 WL 651868 at *2 (Wash App Div 2, Apr 19, 2013). When the official reporter (i.e., the state reporter) is the same for both the highest court and the intermediate appellate court, include the court abbreviation in the date parenthetical, e.g., State v. Gray, 231 Ariz 374, 295 P3d 951 (Ariz Ct App 2013). When the official reporter is the regional reporter, include the court abbreviation in the date parenthetical, e.g., Golphin v. State, 945 So 2d 1174 (Fla 2006). E. Online Sources A case unreported in a print source can be cited if it resides online in a readily recognized source. The case name, number, database identifier, court name, and complete date should be included along with any other identifiers that are pertinent to its location. Silva v. Mt. Bachelor, Inc., No CV 06-6330-AA, 2008 WL 2889656 at *2 (D Or July 21, 2008). For cases having a state citation, in part, and an online citation, in part: Zollner v. Smith, 268 Ga App 480, 484, 602 SE2d 140, 141, rev den, 2004 Ga LEXIS 1059 (2004). Go to TABLE OF CONTENTS 32 Go to INDEX III. Constitutional, Statutory, and Other Related Citations NOTE: Id. (or id. § ___, if applicable) can be used as a subsequent reference citation to constitutional provisions, statutory and code provisions (both current provisions and older codes), legislative commentary, and other types of sources discussed in this section. A. Oregon Citations 1. Oregon Constitution a. Narrative Form: Article I, section 17, of the Oregon Constitution provides that *  *  *. (first reference) Article VII (Amended), section 1, provides that *  *  *. (subsequent reference) b. Citation Form: Or Const, Art I, § 17. Or Const, Art VII (Amended), § 3. Or Const, Art VII (Original). Or Const, Art XI, § 11b(2)(b). Or Const, Art I, § 11 (1857). (denoting the original version of Article I, section 11, NOT the current version) NOTE: (1) The word “Article” is always shown as beginning with an uppercase “A.” (2) The article number is always a Roman numeral. (3) “Amended” begins with an uppercase “A.” (4) In narrative, the word “section” is always lowercase except in a heading or subheading. (5) Do not use periods after abbreviations. (6) Original Article VII was replaced in 1910, which is why it is referred to as amended. 2. Oregon Laws Oregon Laws 1989, chapter 790, section 87. (narrative form) Oregon Laws 1990, chapter 2, sections 45 to 47 (Special Session). (narrative form) Oregon Laws 1995, chapter 790, section 84, directs the commission to *  *  *. (narrative form) Go to TABLE OF CONTENTS 33 Go to INDEX Or Laws 1989, ch 790, § 87. (citation form) Or Laws 1990, ch 2, §§ 3-10 (Spec Sess). (citation form) NOTE: Insert a space after a section or paragraph symbol; when using two such symbols, no space separates them. Statutes that have not been assigned by the legislature to an ORS chapter often are compiled into the ORS in small typeface at the place in the ORS where Legislative Counsel decides they logically belong. See ORS Preface, viii (2001). Refer to such statutes as follows: Oregon Laws 1997, chapter 30, section 2(1), compiled as a note after ORS 659.010 (1997). (narrative form, first reference) Oregon Laws 1997, chapter 30, section 2(1). (narrative form, subsequent reference) Or Laws 1997, ch 30, § 2(1), compiled as a note after ORS 659.010 (1997). (citation form, first reference) Or Laws 1997, ch 30, § 2(1). (short citation form) Oregon Laws 2005, chapter 463, section 1, compiled as a note before ORS 136.001 (2005). (narrative form, first reference) Oregon Laws 2005, chapter 463, section 1. (narrative form, subsequent reference) Or Laws 2005, ch 463, § 1, compiled as a note before ORS 136.001 (2005). (citation form, first reference) Or Laws 2005, ch 463, § 1. (short citation form) Occasionally, Legislative Counsel will compile such statutes so that they appear as legislatively placed statutes, e.g., ORS 475A.010, ORS 475A.040, and other civil forfeiture statutes. Those statutes are cited in the same manner as legislatively placed statutes, as explained in paragraph 5 below. 3. General Laws of Oregon and Other Older Statutory Compilations Some of these compilations are organized by chapters, which incorporate several titles, and others are organized by titles, which incorporate several chapters. It is advisable to include page numbers when citing the Deady compilations, because the various codes are not numbered and there are no indices or general tables of contents to guide the reader to the proper location regarding particular Go to TABLE OF CONTENTS 34 Go to INDEX sections of a code (e.g., Criminal Code, Civil Code, etc., each of which is made up of multiple chapters). Some older cases incorporate neither chapters nor titles; for such codes, cite to the applicable section and page numbers. General Laws of Oregon, Crim Code, ch XVIII, § 659, p 435 (Deady & Lane 1843-1872). General Laws of Oregon, Civ Code, ch IV, title I, § 313, p 226 (Deady 1845-1864). The Codes and General Laws of Oregon, ch XVIII, title IV, § 2933 (Hill 1887). The Codes and General Laws of Oregon, ch I, title VIII, § 67 (Hill 2d ed 1892). The Codes and Statutes of Oregon, title V, ch I, § 339 (Bellinger & Cotton 1901). Lord’s Oregon Laws, title VI, ch V, § 442 (1910). Oregon Laws, title I, ch III, § 39 (1920). Oregon Code, title XXVIII, ch 1, § 28-101 (1930). Statutes of Oregon, An Act Regulating Proceedings to Vacate Charters and Letters Patent, and to Prevent the Usurpation of an Office of Franchise, ch 1, § 1, p 139 (1854). 4. OCLA (Oregon Compiled Laws Annotated) OCLA § 3-505. OCLA § 10-902a (1944-47 pocket part). 5. ORS (Oregon Revised Statutes) Always use the abbreviated form (ORS) in both narrative references and citations. ORS 161.155(1)(a)(A). [chapter 161][section 155][subsection (1)][paragraph (a)][subparagraph (A)] Numbered paragraphs within a section are referred to as subsections, lettered paragraphs as paragraphs. For example, ORS 305.220(1)(a) would be referred to in text individually as paragraph (a) of subsection (1), when referring to (1)(a) collectively, use paragraph (1)(a). a. Narrative Form Examples ORS chapter 554. (when referring to an entire chapter) Go to TABLE OF CONTENTS 35 Go to INDEX ORS 30.150 to 30.175; ORS 250.035(2)(a) to (c). (when referring to a statutory sequence) ORS 30.866 and ORS 163.730. (when referring to two statutes) ORS 250.035(2)(a) and (b). (when referring to two parts of the same statute) b. Citation Form Examples ORS ch 554. (when citing an entire chapter) ORS 30.150 - 30.175; ORS 250.035(2)(a) - (c). (when citing a statutory sequence) ORS 30.866; ORS 163.730. (when citing two statutes) ORS 250.035(2)(a), (b). (when citing two parts of the same statute) NOTE: When citing a sequence of statutes in citation, do not use “et seq.”; instead, set out the first and last statutes of the sequence. c. Repealed or Renumbered Statute Examples When citing a repealed or renumbered ORS (or OAR), the narrative and citation forms are the same. The word former is set in italics. Only a repealed or renumbered statute, not an amended statute, is referred to as “former.” Former ORS 19.023(2)(a) (1995), renumbered as ORS 19.205(2)(a) (1997). (first reference; “1995” will usually refer to the year of the statute in effect when the facts of the case occurred (although the author may make a different choice, depending on context); “1997” refers to year that the statute was renumbered) Former ORS 19.023(2)(a) (1995). (subsequent reference) Former ORS 736.317 (1961), repealed by Or Laws 1967, ch 482, § 1. (first reference) Former ORS 736.317 (1961). (subsequent reference) Go to TABLE OF CONTENTS 36 Go to INDEX When a statute has been renumbered or repealed, the author should cite the version in effect at the time of the events in the case, including subsequent history on the first reference and then including the year of that version in subsequent references. d. Amended Statute Examples ORS 308.370 - 308.375 (1987), amended by Or Laws 1991, ch 459, §§ 117-120. (citation form, first reference) ORS 308.370 - 308.375 (1987). (citation form, subsequent reference) NOTE: (1) The above examples for amended statutes require inclusion of the year parenthetically at the end of all citations (separated by a space). However, it also is acceptable to include a footnote at the outset of the opinion, after citing the older statute in full, that explains that all statutory citations that follow are to a particular year. In that event, it is not necessary to include the parenthetical year in subsequent references. (2) When setting out ORS citations or other authorities, be consistent in the use of punctuation, e.g., The state appeals from a pretrial judgment dismissing an indictment that charged defendant with manufacture of a controlled substance, ORS 475.992(1); delivery of a controlled substance to minor, ORS 475.999; and criminal conspiracy, ORS 161.450. In general, when a statute has been amended, the author may: (1) cite the version in effect at the time of the events in the case; or (2) cite the current version, if the amendment does not affect the issue in the case. If choosing option (1), then include subsequent history on the first reference and include the year of the version being cited on subsequent references. If choosing option (2), then include a footnote on the first reference that sets out the subsequent history and explains that the current version is being used because the intervening amendment does not affect the analysis. For example, ORS 164.125 has been amended since defendant committed his crime; however, because those amendments do not affect our analysis, we refer to the current version of the statute in this opinion. 1 Go to TABLE OF CONTENTS 37 Go to INDEX If a statute has been amended or renumbered more than once, then the best practice is to include the full subsequent history on the first reference or at least in a footnote (example: cite all amendments, not just the one at issue). 6. Oregon Evidence Code (OEC) (ORS chapter 40) Always use the abbreviated form (OEC) in both narrative references and citations when referring to or citing a specific rule. Use “Oregon Evidence Code” (not “OEC”) when referring to the code as a whole. Do not cite the ORS number, e.g., OEC 801(3). OEC 103 Commentary (1981). Legislative Commentary to OEC 401, reprinted in Laird C. Kirkpatrick, Oregon Evidence § 401.02, Art IV-4 (4th ed 2002). Parts of the Oregon Evidence Code suggest that *  *  *. (narrative form) When quoting the Oregon Evidence Code, or when quoting a statute that quotes the Oregon Evidence Code, replace any ORS reference with the corresponding OEC rule number in brackets, e.g., OEC 405(2)(a) provides: “In all cases in which character or a trait of character of a person is admissible under [OEC 404(1)], proof may also be made of specific instances of the conduct of the person.” 7. Oregon Rules of Civil Procedure (ORCP) Always use the abbreviated form (ORCP) in both narrative references and citations when referring to or citing a specific rule. Use “Oregon Rules of Civil Procedure” (not “ORCPs”) when referring to the rules as a whole. Always add a space after the rule number when referring to a section of the rule, e.g., ORCP 71 B(1)(b)(i). [rule 71][section B][subsection (1)][paragraph (b)][subparagraph (i)]. ORCP 7 C(3)(a) to (c). (narrative form, when citing a sequence) ORCP 7 C(3)(a) - (c). (citation form, when citing a sequence) ORCP 7 C(3)(a) and (c). (narrative form, when referring to two paragraphs of the same rule) ORCP 7 C(3)(a), (c). (citation form, when citing two paragraphs of the same rule) Nothing in the Oregon Rules of Civil Procedure points to a contrary conclusion. (narrative form) ORCP 71 B(1)(c) or ORCP 71 C (when citing two parts of a rule). Go to TABLE OF CONTENTS 38 Go to INDEX When citing the drafts, comments, and history of the ORCPs, cite the bound volumes, i.e.: Council on Court Procedures, 4 Legislative History Relating to Promulgation of Oregon Rules of Civil Procedure (1/1/78 through 12/31/78), June 28, 1978, Draft and Proposed Comment to Rule 6, 33 (1979). When citing the permanent comments to the enacted ORCPs, cite the Merrill handbook, i.e.: Council on Court Procedures, Staff Comment to Rule 9, reprinted in Frederic R. Merrill, Oregon Rules of Civil Procedure: A Handbook 28-29 (1981). 8. Oregon Rules of Appellate Procedure (ORAP) Always use the abbreviated form (ORAP) in both narrative references and citations when referring to or citing a specific rule. Use “Oregon Rules of Appellate Procedure” (not “ORAPs”) when referring to the rules as a whole, e.g., ORAP 9.15(1). The Oregon Rules of Appellate Procedure set out a process for initiating a case. NOTE: Follow the links at www.courts.oregon.gov to find the most current version of the Oregon Rules of Appellate Procedure, which occasionally are temporarily amended by Chief Justice-Chief Judge Order. 9. Oregon Administrative Rules (OAR) Always use the abbreviated form (OAR) in both narrative references and citations when referring to or citing a specific rule. Use “Oregon Administrative Rules” not “OARs” when referring to the rules as a whole, e.g., OAR 253-004-0001. (narrative and citation form, when referring to or citing a specific paragraph) OAR chapter 253, division 4. (narrative form, when referring to an entire division) OAR chapter 253, division 4, Appendix 3. (narrative form, when referring to an appendix) OAR ch 253, App 3. (citation form) OAR 660-022-0077 to 660-022-0080. (narrative form when referring to a series) OAR 660-022-0077 - 660-022-0080. (citation form when referring to a series) OAR 435-001-0025 (May 12, 2002). (indicates that a rule has been amended) Go to TABLE OF CONTENTS 39 Go to INDEX Former OAR 255-80-005(2) (May 31, 1985). (indicates that a rule has been renumbered or repealed) OAR 150-305.265(14)-(A). (when citing chapter 150, place hyphens and periods as published for each rule) Nothing in the Oregon Administrative Rules suggests that *  *  *. (narrative form) 10. Uniform Trial Court Rules (UTCR) / Supplementary Local Rules (SLR) UTCR 7.020(5). (narrative and citation form, when referring to or citing a specific rule) Multnomah Circuit Court Supplementary Local Rule (SLR) 5.045(1). (first reference) SLR 5.045(2). (short citation form) The Uniform Trial Court Rules contain several provisions *  *  *. (narrative form) 11. Uniform Jury Instructions a. Civil Instructions: Uniform Civil Jury Instruction 10.10. (narrative form) UCJI 10.10. (citation form) b. Criminal Instructions: Uniform Criminal Jury Instruction 3.1. (narrative form) UCrJI 3.1. (citation form) 12. Agency Decisions a. Workers’ Compensation Board: Edward D. Lucas, 41 Van Natta 2272, 2274-75 (1989), rev’d on other grounds, Lucas v. Clark, 106 Or App 687, 809 P2d 712 (1991). b. Land Use Board of Appeals (LUBA): Stefansky v. Grant County, 12 Or LUBA 91 (1984). Holland v. City of Cannon Beach, ___ Or LUBA ___, ___ (LUBA No 02-060, Oct 1, 2002) (slip op at 10). Go to TABLE OF CONTENTS 40 Go to INDEX c. Employment Relations Board (ERB): Jefferson County v. OPEU, 18 PECBR 285 (1999). d. Employment Appeals Board (EAB): Terrance E. Webb, EAB Decision 96-AB-876 (Apr 16, 1996). 13. Attorney General Opinions a. Formal Attorney General Opinions: 35 Op Atty Gen 710 (1972). 47 Op Atty Gen ___ (No 8216, Sept 7, 1994). (slip opinion) b. Letters of Advice (Informal Attorney General Opinions): Attorney General Letter of Advice to Rep Clayton Klein (OP-4519) (Dec 1, 2003). 14. Municipal Codes Citation form will vary, depending on the code at issue. Check the official code or ordinance itself for its proper name and short citation form, e.g., the Eugene Municipal Code provides for citation to “EC.” Otherwise, use the name of the code (or an abbreviation after the first reference or citation) and the number of the code provision, e.g., Eugene Code (EC) 3.005. (narrative and citation, first reference) EC 3.005. (narrative and citation, subsequent reference) Portland City Code (PCC) 14A.40.050. (narrative and citation, first reference) PCC 14A.40.050. (narrative and citation, subsequent reference) 15. Legislative History Senate Bill (SB) 123 (1997); House Bill (HB) 1234 (1997). (narrative form, first reference) SB 123; HB 1234. (subsequent reference) Go to TABLE OF CONTENTS 41 Go to INDEX SB 123 (1997); HB 1234 (1997). (citation form) HB 2759 (1993), -1 amendments (Apr 13, 1993). Senate Joint Resolution (SJR) 5 (1997); House Joint Resolution (HJR) 10 (1997). (narrative form, first reference) SJR 5 (1997); HJR 10 (1997). (citation form, first reference) SJR 5; HJR 10. (narrative or citation form, subsequent reference) Testimony, House Committee on Human Resources, HB 2762, Mar 17, 1981, Ex C (statement of Rep Bob Smith). Tape Recording, House Committee on Judiciary, Subcommittee on Crime and Corrections, SB 833, June 9, 1993, Tape 126, Side A (statement of Sen Ron Cease). Tape Recording, Senate Committee on Criminal Law and Procedure, SB 100, Mar 31, 1971, Tape 1, Side A (statement of Attorney General Joe Jones). Audio Recording, House Committee on Judiciary, HB 2460, Apr 16, 2001, at 2:10:38 (comments of Rep Amy Smith and Rep Barbara Jones), https://olis. oregonlegislature.gov (accessed Jan 2, 2013). Exhibit F, House Labor Committee, SB 89, June 15, 1983 (accompanying statement of BOLI representative Paul Smith). Judgments / Enforcement of Judgments: Judgments Report (HB 2646), Oregon Law Commission, Feb 6, 2003, 12 (Judgments Report). [The parenthetical indicates the short title by which it will be referred.] Minutes, Criminal Law Revision Commission, Jan 22, 1971, 12. NOTE: For legislative committees, minutes should be cited as authority only to explain a committee vote or action taken, such as approving a bill with a do-pass recommendation. Any citation to discussion about a bill in the committee should be drawn from the audio recording of the hearing or work session, not the minutes. Commentary to Criminal Law Revision Commission Proposed Oregon Criminal Code, Final Draft and Report § 122, 131 (July 1970). Commentary to Criminal Law Revision Commission Proposed Oregon Criminal Procedure Code, Final Draft and Report § 28, 22 (Nov 1972). Commentary § 29 at 7. (short citation form) Go to TABLE OF CONTENTS 42 Go to INDEX Legislative Comment 1 to ORS 72.7030, reprinted in Legislative Counsel Committee, Oregon’s Uniform Commercial Code with Comments and Index and Tables 101 (1962). Legislative Comment 1 to ORS 72.7030 at 102. (short citation form) 16. Initiative Petitions, Ballot Measures, and Related Pamphlets and Manuals Initiative Petition 136 (2001) (IP 136). (narrative form, first reference; citation form) IP 136. (narrative form, subsequent reference; citation form) Ballot Measure 40 (1996). (narrative form, first reference; citation form) Measure 40. (narrative form, subsequent reference; short citation form) Official Voters’ Pamphlet, General Election, Nov 7, 2000, 309. (citation form, first reference) Voters’ Pamphlet at 310. (subsequent reference) The voters’ pamphlet for the 2000 General Election suggests that *  *  *. (narrative form) NOTE: The above examples refer to statewide measures. If citing a local measure, then follow the format set out above, but insert the appropriate local numbering, e.g., Ballot Measure 10-06 (1992). Elections Division, Oregon Secretary of State, State Initiative & Referendum Manual [page] (Jan 2016), [link] (accessed Sept 19, 2017). 17. Sentencing Guidelines Implementation Manual Oregon Sentencing Guidelines Implementation Manual 131 (1989). 18. Rules of Professional Conduct (RPC), Bar Rules of Procedure (BR), and American Bar Association (ABA) Standards NOTE: Do not use “RPC” or “RPCs” when speaking generally about the Rules of Professional Conduct; instead, cite the rules separately. a. Rules of Professional Conduct The Bar’s complaint alleges that the lawyer violated Rule of Professional Conduct (RPC) 8.4(a)(3) (conduct involving dishonesty, fraud, deceit, or misrepresentation). (narrative form, first reference to any RPC) The lawyer contends that he did not violate RPC 8.4(a)(3). (narrative form, subsequent RPC reference) Go to TABLE OF CONTENTS 43 Go to INDEX The lawyer contends that he did not violate any rule of professional conduct. (narrative form) NOTE: The rule on pages 36 to 37 referring to the use of “former” with repealed and renumbered, but not amended, statutes, does not apply to rules of professional conduct. With rules of professional conduct, “former” is used to refer to amended, as well as repealed and renumbered, rules. If citing to a former rule, then include the year. b. Bar Rules of Procedure This is a reinstatement proceeding under Bar Rule of Procedure (BR) 8.8. (narrative form, first reference to any BR) BR 10.1. (narrative form, subsequent reference; citation form) c. ABA Standards American Bar Association’s Standards for Imposing Lawyer Sanctions (1991) (amended 1992) (ABA Standards), Standard 5.21. (narrative or citation form, first reference) ABA Standard 9.32(a). (narrative or citation forms, subsequent reference when citing a particular standard) ABA Standards at 7. (citation form, subsequent reference when citing a particular page in the hardcopy manual) ABA Standards at 7 (defining “injury,” in part, as “harm to * * * the profession”) (citation form for definitions appearing on a particular page in the hardcopy manual) ABA Standard 9.22(i) (amended 1992). (narrative or citation form, subsequent reference when citing a standard contained in only the 1992 amendments) NOTE: The copyright for the ABA Standards was updated in 2005, but the rules were not amended in 2005; therefore, the year for the amended version is 1992. The 1992 version is available online at https:// www.americanbar.org/content/dam/aba/administrative/professional_ responsibility/sanction_standards.pdf 19. Briefs and Other Court Filings The courts do not cite briefs in the instant case in their opinions; occasionally, however, an opinion might cite a brief in another case (for example, if the brief expanded on a legal theory that the court had addressed only briefly Go to TABLE OF CONTENTS 44 Go to INDEX in that other case). When citing a brief or any other official court filing, follow this format: Full name of the document, include the jump / pinpoint citation (if any), followed by the name of the case and its full citation (if rendered), and case number. Appellant’s Opening Brief at 10, State v. Doyle, 213 Or App 456, 111 P3d 87 (2007) (CA A123456). Douglas County Circuit Court Case No 12345 If citing an event in a register of actions in the Oregon eCourt Case Information system (OECI, register of actions for Oregon circuit courts): Motion for Stay, Filed May 1, 2014, State v. Adios (CR456789) General Judgment, Entered June 15, 2015, State v. Adios (CR456789) NOTE: Use the OECI “Created Date” for court-issued entries such as orders or judgments (date of entry); otherwise, use the date in the OECI Date column (date of filing of a received filing). B. Federal Citations 1. United States Constitution The Fifth Amendment to the United States Constitution. (narrative form) The Due Process Clause of the Fourteenth Amendment to the United States Constitution. (narrative form) US Const, Amend V. (citation form) US Const, Art I, § 2. (citation form) 2. Rules of Evidence and Procedure a. Federal Rules of Evidence FRE 410. b. Federal Rules of Civil Procedure FRCP 12. c. Federal Rules of Criminal Procedure FRCrP 12. Go to TABLE OF CONTENTS 45 Go to INDEX 3. Public Laws and United States Code Pub L 95-473, § 11503, 92 Stat 1445-46 (1978). (citation form) 42 USC § 1983 (1982); 15 USC §§ 2051, 2053 (1982). (citation form) 42 USC section 1983; 15 USC sections 2051 and 2053. (narrative form, first reference) section 1983. (narrative form, subsequent reference) (the “s” in section is lowercase unless it starts the sentence) NOTE: As with ORS citations, include the year only if not citing the version currently in force. 4. Legislative History a. Committee Reports HR Rep No 1395, 95th Cong, 2d Sess, reprinted in 1978 USCCAN 3009, 3018. S Rep No 445, 87th Cong, 1st Sess (1961), 451-91. (if not in USCCAN) b. Testimony Hearings on SB 927 Before the Subcomm on Surface Transportation of the S Comm on Commerce, 90th Cong, 1st Sess, 23 (Aug 7, 1967) (prepared statement of Jim Doe, on behalf of the American Medical Association). c. Congressional Record 116 Cong Rec S2024 (Jan 3, 1970). 5. Internal Revenue Code IRC § 61 (1982). (citation form) Internal Revenue Code (IRC) section 61 (1982). (narrative form) IRC section 61. (narrative form, subsequent reference) 6. Tax Materials a. Regulations Treasury Regulation section 1.166-1(c). (narrative form) Go to TABLE OF CONTENTS 46 Go to INDEX Treas Reg § 1.72-16(a) (2001). (citation form) 20 CFR § 552.3 (2009). (citation form) b. Determinations Rev Rul 83-137, 1983-2 CB 41. NOTE: Cite CB first, and then to IRB if CB unavailable. Priv Ltr Rul 86-01-013 (Sept 30, 1985). Tech Adv Mem 85-04-005 (Sept 28, 1984). 7. Uniform Laws Uniform Child Custody Jurisdiction and Enforcement Act § 202 comment, 9 ULA 649, 674 (1997). Uniform Probate Code § 2-101(b), 42-43 (9th ed 1990). Go to TABLE OF CONTENTS 47 Go to INDEX IV. Periodical Articles, Books, Treatises, Restatements, Etc. In General Cite the author’s or editor’s full name as found on the title page of the source being cited. For books that are compiled and edited by a named editor, place the editor’s name where the author’s name would normally be, followed by “ed.” (including the period). Cite the author’s first name first. If there are up to three authors, then list them all in the same way. If four or more authors are listed, list the first author and use “et al.” For articles written by students, the author’s name is used (if available), along with, e.g., “Note,” “Comment,” or “Case Note.” When citing multivolume sets, place the volume number of the book before the title, not before the author’s name. Include the edition and the year of the publication in parentheses at the end of the citation, e.g., Jacob Mertens, Jr., 8 Mertens Law of Federal Income Taxation § 32B:01 (rev 1999). Use italics, not quotation marks, to indicate the name of a book, article, or treatise. A. Periodical Articles 1. Articles Appearing in Journals, Newspapers, and Other Services [Author], [Name of article (in italics)], [volume number] [periodical] [first page], [cited page(s)] ([date]), e.g., Pamela S. Karlan, Contingent Fees and Criminal Cases, 93 Colum L Rev 595, 602-03 (1993). Laurence H. Tribe & Michael C. Dorf, Levels of Generality in the Definition of Rights, 57 U Chi L Rev 1057 (1990). Justin Noval & Edward J. Imwinkelried, Jr., Retrograde Extrapolation of Blood Alcohol Concentration, 50 No. 1 Crim Law Bulletin ART 7 (Westlaw 5, 10) (2014). Alan Wayne Jones, Evidence-Based Survey of the Elimination Rates of Ethanol from Blood with Applications in Forensic Casework, 200 Forensic Science International 1, 14 (2010), http://dx.doi.org/10.1016/j.forsciint.2010.02.021 (accessed Jan 15, 2015) (suggesting, from the results of studies, that experts use a range of elimination rates from 0.010 to 0.025 percent per hour). Go to TABLE OF CONTENTS 48 Go to INDEX 2. Short Citation Form for Periodical Articles After an authority has been cited fully in the text, use the following short citation form for subsequent references to the same authority: [Author’s last name], [Volume] [Periodical] at [page]: Karlan, 93 Colum L Rev at 604. NOTE: To determine the proper abbreviation for periodicals, first check the periodical itself to determine whether it provides for a particular citation form. If it does not, then follow The Bluebook abbreviations for periodicals. 3. Volume and Issue Numbers Omit volume and issue numbers for newspapers and popular periodicals, because the numbers might not be easily found: John Sedgwick, The Complexity Problem, The Atlantic 96 (Mar 1993). B. Books and Treatises NOTE: “Ed.” (with a period) refers to “editor”; “ed” (without a period) refers to “edition.” 1. Citation [Author(s)], [Volume number (if applicable)] [Title (in italics)] [subdivision, chapter or section (if applicable)], [page(s)] ([Edition (if there is more than one edition)] [Year]), e.g., Wayne R. LaFave, 3 Search and Seizure § 7.1 (2d ed 1987). Wayne R. LaFave, 3 Search and Seizure § 7.1(c), 17 (3d ed 1996). Bryan A. Garner, A Dictionary of Modern Legal Usage 138-39 (1987). Laird C. Kirkpatrick, Oregon Evidence § 401.02, Art IV-4 (4th ed 2002). Webster’s Third New Int’l Dictionary 930 (unabridged ed 2002). Black’s Law Dictionary 700 (7th ed 1999). Go to TABLE OF CONTENTS 49 Go to INDEX Noah Webster, 1 An American Dictionary of the English Language (unpaginated) (1828). Merriam-Webster Unabridged Dictionary, http://unabridged.merriamwebster.com/unabridged/capable (accessed Feb 14, 2014). Gender Identity, Unabridged.Merriam-Webster.com (last updated Apr 2016). Thomas W. Lippman ed., The Washington Post Deskbook on Style 49-55 (2d ed 1989). William M. Collier, 3 Collier on Bankruptcy 506.04[1] (Lawrence P. King ed., 15th ed 1989). Appraisal Institute, The Appraisal of Real Estate 89 (12th ed 2001). Jacob Mertens, Jr., 8 Mertens Law of Federal Income Taxation § 32B:01 (rev 1999). Jacob Mertens, Jr., 15 Mertens Law of Federal Income Taxation § 56:45 (Supp 2002). (when citing supplement) Diagnostic and Statistical Manual of Mental Disorders 478 (5th ed 2013) (DSM-5). (first reference; include parenthetical if subsequent references or citations follow) The Ethical Oregon Lawyer § 4.4 (OSB CLE 1991). Paul Finkleman & Martin J. Hershock eds., The History of Michigan Law 169 (2006), available at https://books.google.com/books?id=jjSD45-P2_ YC&pg=PR4&lpg=PR4&dq=history+of+michigan+law+ f i n k l e m a n + h e r s h o c k & s o u r c e = b l & o t s = Yv a G Z 0 o z Q 1 & s i g = 5inym5bYCRXKARtbbFxJ2sRXpvI&hl=en&sa=X&ei= ecYRVdXAD8uOyAT1jICIDQ&ved=0CDMQ6AEwBg#v=snippet&q= 1964%2C%20two%20yars%20after&f=false (accessed Mar 24, 2015). Mary Sue Henifin, Howard M. Kipen & Susan R. Poulter, Reference Guide on Medical Testimony, in Reference Manual on Scientific Evidence 439, 481 (Federal Judicial Center ed., 2d ed 2000). NOTE: It is also acceptable to cite a source with multiple authors where saving space is desired by using just the first author’s last name followed by et al, e.g., Henifin et al, Reference Guide on Medical Testimony, in Reference Manual on Scientific Evidence 439, 481 (Federal Judicial Center ed., 2d ed 2000). Go to TABLE OF CONTENTS 50 Go to INDEX 2. Short Citation Form [Author’s last name], [Volume number (if applicable)] [Title (in italics) (shorten title if necessary)] [subdivision, chapter or section (if applicable)] at [page(s)], e.g., LaFave, 3 Search and Seizure § 7.1 at 356. Garner, Modern Legal Usage at 378-79. Webster’s at 1935. DSM-5 at 480. C. Restatements Restatement (Second) of Torts section 847A comment c (1974). (first narrative reference) Restatement section 847B. (subsequent narrative form) Restatement (Second) of Torts § 847A comment c (1974). (first citation reference) Restatement § 847B. (subsequent reference, short citation form) D. Others 1. American Jurisprudence Reformation of Instruments, 45 Am Jur § 66 at 436 (1958). 2. American Law Reports William B. Johnson, Annotation, Use of Plea Bargaining or Grant of Immunity as Improper Vouching for Credibility of Witness in Federal Cases, 76 ALR Fed 409 (1986). Johnson, 76 ALR Fed at 415. (short citation form) 3. Miscellaneous Tax Materials • Tax Services Sales and Use Taxes: General Principles, 1300 Tax Mgmt (BNA) ¶ 1300.09.C3 (2000). Go to TABLE OF CONTENTS 51 Go to INDEX QUOTATION In General Quotations must duplicate the original material, including spelling, use of uppercase, and formatting (e.g., indents and tabs). All punctuation is placed inside the quotation marks, with the exceptions of colons, semicolons, and question marks that do not appear in the original. Permissible changes are set out in this section. Quoted material that contains 50 or more words is placed in block form. Quoted material that contains 49 or fewer words may be placed in block form for emphasis. Block quotations are single spaced, double indented, and enclosed within quotation marks. In a narrative context, the citation (aside from the case title) may follow the quotation. For example, The petitioner included discussion from Smith v. Jones, where the court stated, “We don’t know what they were thinking.” 123 Or App 456, 460, 999 P3d 789 (2015). While mildly amusing, that did not further his argument. Words that are used to show special expression or give special effect, such as slang words, words used in an ironic sense, philosophical terms, terms of art, etc., can be used within quotation marks. If the same phrase is used repeatedly, then those same quotation marks could become distracting, so an author should consider whether or not to repeat them. Go to TABLE OF CONTENTS 52 Go to INDEX I. Citations, Parenthetical Phrases, and Footnotes A. Placement When setting out a block quotation, the citation and parenthetical phrases (if any) are placed flush left on the next line with a double space between the quotation and the citation, e.g., 1. Citation “Defendant, of course, may argue that the safeguard for employees exceeds the ordinary standard of due care considering the nature of the risk and the foreseeability of injury. The court may explain the governmentally prescribed safeguard to the jury in an instruction that the jury may consider the safeguard in determining whether the defendant exercised due care.” Shahtout, 298 Or at 605-06. 2. Parenthetical Phrase ORS 19.205(2)(a) provides, in part: “An order affecting a substantial right, and which in effect determines the action *  *  *.” (Emphasis added.) 3. Order of Citations and Parentheticals As stated in Welker, “[t]his court has held that a motion is controlled by its substance, not its caption. More specifically, this court has held that a motion was a motion for new trial although it was not denominated as such. Under ORS 19.270(4)(a), the trial court must have intended to enter an appealable judgment at the time of the filing of the notice of appeal.” 332 Or at 313 (citations omitted). 4. Footnotes The preferred method for quoting text that contains a footnote is to omit the footnote and indicate so by parenthetical, e.g., Go to TABLE OF CONTENTS 53 Go to INDEX “The difficulty with that argument is that the state has not established the requisite nexus between appellant’s mental illness and the potential substance abuse or failure to appreciate the risks of such abuse.” State v. Linde, 179 Or App 553, 561, 32 P3d 78 (2002) (footnote omitted). To retain a foonote within a blocked quotation, drop the quoted, blocked footnote under it, separated by a one-inch line, then proceed with new text (that is, do not set the quoted footnote as a new footnote at the bottom of the page), e.g., As this court explained in Kambury v. DaimlerChrysler Corp., 173 Or App 372, 387, 21 P3d 1089 (2001) (Edmonds, P. J., dissenting), “[b]ut the question is one of Oregon law, not federal law, the federal court’s decision was the earlier of the two, and it is the Oregon court’s decision—not that of the Ninth Circuit—that is binding for purposes of the certification law.8 It follows from the foregoing that this court should not accept certification of the first question, unless some other discretionary factor dictates a contrary conclusion. __________ “8 We recognize that the district court appears to be concerned about an inconsistency in decisions on this subject. However, our focus in searching for controlling precedent is narrower than the focus of the district court. The Oregon Court of Appeals decision in [Korbut] is “controlling precedent” for the purposes of ORS 28.200 [the statute authorizing answers to questions of law certified by other courts] and our exercise of discretion under that statute.” It is unclear from the opinion in Western Helicopter Services whether the Supreme Court was telling the United States District Court that it should follow Oregon law rather than the federal cases interpreting Oregon law or whether the court was in fact affirming that Korbut was controlling precedent on the issue presented by the certified question. 5. Block Quotations Within Block Quotations When formatting a second level of blocked quoted text within blocked quoted text, use the standard indent for the first level of quotation, and then for the internal quoted text, use a double indent for both the right and left margins. “the state must prove that the defendant’s consent was independent of, or only tenuously related to, the illegal police conduct. As the court explained, “ ‘consent is insufficient to establish the admissibility of evidence from a warrantless search if the state cannot prove that the consent Go to TABLE OF CONTENTS 54 Go to INDEX was independent of, or only tenuously related to, any preceding violation of the defendant’s rights under Article I, section 9. Unless the state is able to make that showing, then the defendant’s consent cannot operate to validate a warrantless search because the defendant’s consent itself derived from a violation of the defendant’s rights under that state constitutional provision.’ ” Jones, 265 Or App at 678 (quoting State v. Yunker, 330 Or 388, 395, 457 P3d 890 (2013) (emphasis in Yunker)). B. Use of Parenthetical Phrases With Quotations Within Text If internal quotation marks or brackets are omitted, so indicate, e.g., “By looking to only the current employment of the land, the law ignores the past and any intentions with regard to future use.” Everhart v. Dept. of Rev., 15 OTR 76, 81 (1999) (internal quotation marks omitted). or In Everhart v. Dept. of Rev., 15 OTR 76, 81 (1999), the court rejected that argument, stating, “By looking to only the current employment of the land, the law ignores the past and any intentions with regard to future use.” (Internal quotation marks omitted.) NOTE: It is correct to add either a parenthetical indicating that internal quotation marks are omitted or to leave in the quotation marks and add a parenthetical indicating the source that you are quoting, but not both. Oppressive conduct is “ ‘burdensome, harsh and wrongful conduct; a lack of probity and fair dealing in the affairs of the company to the prejudice of some of its members; or a *  *  * departure from the standards of fair dealing, and a violation of fair play on which every shareholder who entrusts his money to a company is entitled to rely.’ ” Polk v. Hergert Land & Cattle Co., 5 P3d 402, 404 (Colo App 2000) (quoting Jorgensen v. Water Works, Inc., 218 Wis 2d 761, 783, 582 NW2d 98, 107 (Wis App 1998) (brackets omitted)). Include a parenthetical phrase to differentiate emphasis being added to quoted material as opposed to emphasis that was already in the original text, e.g., “While mass-appraisal techniques may place heavy reliance upon cost, cost alone is not determinative of market value.” Su v. Dept. of Rev., 15 OTR 305, 308 (2001) (emphasis added). Go to TABLE OF CONTENTS 55 Go to INDEX “ORS 653.295, however, provides no remedy for discharge of an employee *  *  *.” Dymock v. Norwest Safety Protective Equipment, 172 Or App 399, 406, 19 P3d 934 (2001) (emphasis in original). When the material being quoted contains a quotation, the text of which is emphasized, include a parenthetical phrase that notes the source of the emphasis (use emphases if plural), e.g., As in Gladhart v. Oregon Vineyard Supply Co., this court again repeats that “the Brown court ‘only acknowledged that perhaps strict liability should require the danger to be one endangering human life or safety, a different question from whether tort recovery should be limited to such an injury,’ and that ‘[t]hat difference determines the decision in the present case.’ ” 164 Or App 438, 451-52, 994 P2d 134 (1999) (quoting Russell v. Ford Motor Company, 281 Or 587, 593-94, 575 P2d 1383 (1978) (emphases in Russell)). “Apparent authority is created ‘only by some conduct of the principal which, when reasonably interpreted, causes a third party to believe that the principal consents to have the apparent agent act for him on that matter.’ ” Badger v. Paulson Investment Co., Inc., 311 Or 14, 24, 803 P2d 1178 (1991) (quoting Mattson v. Commercial Credit Business Loans, 301 Or 407, 422, 723 P2d 996 (1986) (emphasis added)). Badger v. Paulson Investment Co., Inc., 311 Or 14, 24, 803 P2d 1178 (1991) (“Apparent authority is created ‘only by some conduct of the principal which, when reasonably interpreted, causes a third party to believe that the principal consents to have the apparent agent act for him on that matter.’ ” (Quoting Mattson v. Commercial Credit Business Loans, 301 Or 407, 422, 723 P2d 996 (1986) (emphasis in Mattson).)). Multiple notations about a quotation may follow any order that clearly communicates whether and how the text was altered. If in doubt, choose this order: “in original,” “omitted,” and “added.” It is also acceptable, to improve readability, to use “first emphasis added; second emphasis in original,” etc. In particular, petitioner focuses on the following emphasized statements that appear in the form under the heading “Information Considered at the Hearing”: “Discovery is not permitted. Requests that the Board research and obtain information you want considered cannot be honored. It is your responsibility to provide that information. You do not have the right to call witnesses or to cross-examine witnesses who have provided information to the Board.” (Underscoring in original; footnote and boldface omitted; emphasis added.) Go to TABLE OF CONTENTS 56 Go to INDEX Consistently with those principles, the court more recently summarized the requirements of ORS 136.440 as follows: “By its terms, ORS 136.440(1) requires only that the corroborating evidence tend to connect the defendant with the commission of the offense, here, aggravated murder. That statute does not require corroboration of a particular theory of the commission of the offense. “It is not necessary that the corroborating evidence be direct and positive; it may be circumstantial. Nor is it necessary that there be independent corroborating evidence with respect to every material fact necessary to be established to sustain a conviction for the commission of a crime. Where there is any evidence apart from that of the accomplice tending to connect the defendant with the commission of the crime, the question of whether the accomplice’s testimony is corroborated is one for the trier of fact.” State v. Walton, 311 Or 223, 242-43, 809 P2d 81 (1991) (emphasis in original; citations omitted). It depends, the court stated, on the nature of the restriction—in particular, whether the restriction is on the contribution itself: “If it can be shown that financial contributions and expenditures are the free expression of opinion, laws limiting such activities run afoul of the constitutional protection. But lawmakers might choose to impose requirements distinct from contribution or expenditure limitations (e.g., requirements of disclosure of financing sources and the extent of any gift) as well as various sanctions (e.g., civil or criminal penalties, disqualification from the ballot or Voters’ Pamphlet, and the like) and their choice may not necessarily offend the constitutional requirement.” Id. at 523 (first emphasis added; second emphasis in original; internal quotation marks omitted). When a citation includes both a parenthetical phrase and subsequent history, place the parenthetical after the subsequent history, e.g., Defendant notes that the fact that a search occurred cannot, alone, support an inference that the searching officers had subjective probable cause. See State v. Bickford, 157 Or App 386, 390 n 1, 970 P2d 234 (1998), rev den, 329 Or 589 (2000) (“If a trial court could infer subjective probable cause from the arrest, we would never need to inquire into subjective probable cause for the arrest.”). Go to TABLE OF CONTENTS 57 Go to INDEX When a parenthetical contains a quotation that has been altered, include an internal parenthetical and adjust the punctuation accordingly, e.g., The court held that claims of increasing pain due to injury, standing alone, were insufficient to establish an aggravation claim. SAIF v. Walker, 330 Or 102, 116, 996 P2d 979 (2000) (stating that ORS 656.273(1) requires “proof, based upon medical evidence supported by objective findings” (emphasis added)). The court held that claimant’s claims of increasing pain due to the injury, standing alone, were insufficient to establish an aggravation claim. SAIF v. Walker, 330 Or 102, 116-17, 996 P2d 979 (2000) (“Under ORS 656.005(19), however, such ‘objective findings’ may include evidence of worsened symptoms.” (Emphasis in original.)). When appending information to a citation, using terms such as cited in, quoted in, construed in, etc., those words are italicized, Keenan v. Norris-Lampe, 330 Or 456, 777 P2d 897 (1999), construed in Bennett v. Bauman, 333 Or 566, 790 P2d 654 (2001). Citing ORS 136.425 (2005), amended by Or Laws 2009, chapter 875, section 1, defendant contends that, by itself, a confession is insufficient to support a conviction for an offense. When including works that the primary authority quotes, discusses, or mentions, the lead-in words should be indicated parenthetically and not italicized, e.g., See Keenan v. Norris-Lampe, 330 Or 456, 777 P2d 897 (1999) (citing Bennett v. Bauman, 329 Or 566, 770 P2d 654 (1998)); see also Brown v. Uphoff, 381 F3d 1219, 1226 (10th Cir 2004) (“Unlike Gideon, Crawford does not ‘alter our understanding of what constitutes basic due process,’ but merely sets out new standards for the admission of certain kinds of hearsay.” (Quoting United States v. Mora, 293 F3d 1213, 1219 (10th Cir 2002).)). For more on parentheticals, refer to pages 18 to 19. Go to TABLE OF CONTENTS 58 Go to INDEX II. Use of Uppercase, Brackets, and Ellipsis Within Quotations A. Use of Uppercase Generally, the first letter of a quotation that reads as a full sentence must be in uppercase, e.g., The trial court issued a letter opinion that addressed defendant’s motion as follows: “There is no evidence supporting the first change.” The witness testified, “Although I am not a doctor, I play one on TV.” Sometimes this requires changing the initial letter of a quotation to uppercase, e.g., The court observed, “[U]npreserved error will ordinarily not be reviewed on appeal.” The examining physician’s report declared, “[C]laimant was medically stationary as of February 12, 1992.” In the following example, the use of a bracketed lowercase letter indicates that the initial letter was in uppercase in the original, e.g., Incorrect: Defendant argued, “[t]he trial court erred in excluding witnesses from the courtroom.” Correct: Defendant argued, “The trial court erred in excluding witnesses from the courtroom.” EXCEPTION: When a quotation that reads as a full sentence is incorporated into the grammatical structure of the sentence (often preceded by “that”), do not uppercase the first letter and use brackets if the first letter of the quotation was uppercase in the original, e.g., The court observed that “[u]npreserved error will ordinarily not be reviewed on appeal.” NOTE: For using uppercase after colons, refer to page 79. B. Use of Brackets The use of brackets in quoted material indicates that something has been changed, modified, or deleted from how it was originally published. 1. Indicate a Change in Uppercase or Lowercase You should “[p]lace commas and periods inside quotation marks.” Go to TABLE OF CONTENTS 59 Go to INDEX 2. Alter a Word “Plaintiff place[s] substantial weight on its belief that the legislature intended to restore the common practice of exempting brooder houses.” The prohibition was enacted to “ensure[ ] that dogs will have their day.” 3. Indicate Substituted or Added Words The court’s “jurisdiction [is limited] to determining whether petitioners’ assessment may be spread over a period of at least 10 years.” 4. Add Punctuation to a Quotation Where There Previously Was No Punctuation and the Punctuation Is Not Part of the Larger Sentence The standard of care applicable to physicians requires the use of “that degree of care, skill[,] and diligence” as is used by physicians in the same or similar community. The trial court concluded that “there is no issue of material fact,” but it also concluded that defendant was not entitled to judgment as a matter of law. [No comma in original; brackets not needed, because comma is part of larger sentence.] 5. Modify Punctuation that Appears in the Original Text Punctuation in quoted text can be replaced with other punctuation with the use of brackets: Original: “The Court of Appeals has 13 members, but they sit in panels of three.” New: “The Court of Appeals has 13 members[;] *  *  * they sit in panels of three.” If quoted material ends before the new sentence ends, then punctuation that is appropriate for the new sentence can be included inside the quotation marks: Original: Defendant’s argument is beyond reproach and compels us to strike his brief and order him to pay petitioner’s costs. New: In Jones, the court characterized the defendant’s argument as “beyond reproach,” struck his brief, and ordered him to pay the petitioner’s costs. Go to TABLE OF CONTENTS 60 Go to INDEX If omitting quoted material at the end of a quoted sentence, but ending the new sentence with the partially quoted material, denote the omitted quoted material before the period in the new sentence with an ellipsis: 6. Original: A party shall make a notation of exception either orally on the record or in a writing filed with the court. New: ORCP 59 H(2) provides that “[a] party shall make a notation of exception either orally on the record or in a writing *  *  *.” Insert a Citation Within a Quotation When quoting text that refers to a case by use of supra rather than a citation, add the citation in brackets, e.g., “This court has declared that evidence is suppressed for violations of the Oregon Constitution ‘to preserve *  *  * rights to the same extent as if the government’s officers had stayed within the law.’ State v. Davis[, 295 Or 227, 234, 666 P2d 802 (1983)].” Use a short citation form if the case has already been cited in full, e.g., “A discovery rule cannot be assumed, but must be found in the statute or limitations itself. Huff[, 322 Or at 462].” When modifying quoted material to add emphasized text, emphasize the brackets themselves, in addition to the inserted emphasized text, only when the words on both sides of the brackets are already emphasized, e.g., Correct: “Plaintiff’s [first] argument *  *  *” Correct: “Plaintiff’s [first] argument *  *  *” Correct: “Plaintiff’s [first] argument *  *  *” Incorrect: “Plaintiff’s [first] argument *  *  *” Incorrect: “Plaintiff’s [first] argument *  *  *” When quoting text that refers to a VAWA case using an unredacted case title, use brackets to redact the name of the protected party to initials, e.g., “ ‘Danger’ in this context means ‘a threat of physical injury, not merely a threat of annoyance or harassment.’ [K. R.] v. Erazo, 248 Or App 700, 706-07, 274 P3d 214 (2012). To ‘ “[c]oerce” means to restrain, compel or dominate by force or threat.’ ORS 163.730(2).” H. L. P., 309 Or App at 113-14. 7. Indicate a Significant Mistake in the Original “[Sic]” is used to indicate that the author being quoted has used a word incorrectly or has used an incorrect spelling of a word within the context of Go to TABLE OF CONTENTS 61 Go to INDEX the sentence that confuses or changes the meaning of the sentence. Obvious typographical errors may be silently corrected, but any idiosyncrasy of spelling (particularly from older works) is preserved, e.g., “defence.” When using [sic], it is italicized, enclosed in brackets, and placed after the uncorrected word, e.g., “The court’s rational [sic] for its decision was based entirely on legal precedent.” “We are going to precede [sic] with our plans for the law suit.” (Here, the use of [sic] signals the reader that “rational” should actually read “rationale”; “precede” should read “proceed.”) Bracketing and correcting an error in quoted material instead of using [sic] is usually sufficient as long as it does not alter the meaning. The use of [sic] should be avoided to point out minor grammatical errors, to indicate disagreement with a word’s usage, or to appear highhanded. Instead, the preferred method is to silently correct or to use brackets, e.g., Incorrect: “The company, on its own volition, intervened in the trial Court [sic] proceedings *  *  *.” Correct: “The company, on its own volition, intervened in the trial [c]ourt proceedings *  *  *.” Correct: “The company, on its own volition, intervened in the trial court proceedings *  *  *.” Incorrect: “The lab technician dropped the vile [sic] of blood.” Correct: “The lab technician dropped the vi[al] of blood.” Correct: “The lab technician dropped the vial of blood.” NOTE: Where a word or sentence would be correct either way, do not use [sic]. C. Use of Ellipsis 1. Partial Omission Use three asterisks (not periods), separated by spaces, to indicate omission of a word or words within a sentence, omission of sentences within a block quotation, and omission of text after a subsection number, e.g., Go to TABLE OF CONTENTS 62 Go to INDEX The claimant seeks compensation “for mental and emotional distress and *  *  * damages.” In amending ORS 656.273(1) in 1995, the legislature “neither repealed nor amended ORS 656.273(8) *  *  * but it may have changed how ORS 656.273(8) is applied.” When quoting a full sentence except the end, use three asterisks, followed by a period, to indicate omission of the end of the sentence: “The evidence directly establishes only the truth of the primary fact or facts from which an inference may be derived *  *  *.” EXCEPTION: If quoting a full sentence except the end and the quoted material originally ended with a punctuation mark, then use only a bracketed period to indicate the change of punctuation (and, by inference, the end of the sentence): “A court may consider unpreserved error under the plan error doctrine only if the error is one of law[.]” (period replaces semicolon and the remainder of the sentence) When including quoted material within a sentence and the new sentence ends before the quoted material ended, an ellipsis is not needed: Correct: If reasonable minds can disagree, then “any error is not plain.” Incorrect: If reasonable minds can disagree, then “any error is not plain *  *  *.” Use three asterisks (not followed by a period) to indicate omission of one or more sentences at the end of a paragraph within (as opposed to at the end of) a block quotation: “The majority’s reading of the statute requires us to make two leaps of faith. The first leap is that, in 1965, the legislature used ‘gear or equipment’ to mean exactly what ‘appliance’ meant between 1921 and 1965. The second leap of faith is that the terms ‘boats, fishing gear and vehicles’ mean exactly what ‘gear or equipment’ means in ORS 506.655 *  *  *. *  *  * “We decline to take those leaps for several reasons.” NOTE: In the preceding example, the first ellipsis indicates that a sentence otherwise quoted in full has been ended prematurely. The second ellipsis indicates that an additional sentence or sentences has been omitted. Go to TABLE OF CONTENTS 63 Go to INDEX Omission of text after a subsection number: “(1) As used in ORS 308A.050 to 308A.128, ‘farm use’ means the current employment of land for the primary purpose of obtaining a profit in money by: “(a) *  *  * harvesting and selling crops.” A block quotation that starts somewhere other than the beginning of the quoted sentence or paragraph may be treated a few different ways, depending on the author’s use of the quoted material. An ellipsis is not necessary to begin a quotation that starts somewhere other than the beginning of the sentence or paragraph, e.g., The issue in Merriweather was as follows: “[W]hether a circuit court order compelling witnesses to appear and testify before a grand jury was appealable under ORS 19.205(4) as the product of a ‘special statutory proceeding.’ ” The court has previously explained that “neither ORS 279.340 nor any other provision setting out requirements for hours of labor by public employees, ORS 279.334 279.342, expressly states what is meant by the phrase ‘directly employed’ or indicates the categories of persons to whom the phrase applies.” Place the beginning of a block quotation flush left when the original quoted material is not the first sentence of a paragraph, e.g., As this court has stated before, “[e]ven if that assumption is accurate, it is insufficient because even in a high crime neighborhood unprovoked flight does not invariably lead to reasonable suspicion *  *  *. Like unprovoked flight itself, presence in a high crime neighborhood is a fact too generic and susceptible to innocent explanation to satisfy the reasonable suspicion inquiry.” Do not use an ellipsis if quoting only part of a sentence, e.g., Again, the legislature expressly provided that those actions be “commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered,” the death, injury, or disease. Go to TABLE OF CONTENTS 64 Go to INDEX Do not use an ellipsis to denote the omission of a citation or footnote. Instead, use “citation omitted” or “footnote omitted” in a parenthetical. When quoting only part of a statute, rule, etc., [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Aor%3Abf303bf67004826f. Public record. Not legal advice.