This month the Michigan Supreme Court issued a new set of citation rules called the Michigan Appellate Opinion Manual. These standards apply to judges opinions and to lawyers’ briefs alike. While there aren’t too many changes from the previous standard of legal citation, the manual does have some useful suggestions:
You only have to provide the full citation to a case once (such as Hays v Lutheran Social Servs of Mich, 300 Mich App 54, 56-59; 832 NW2d 433 (2013)). After that you can use a short-form citation (Hays, 300 Mich App at 59). If you haven’t referred to any cases in between, or if the sentence makes clear which case you are referring to, you can also use Id. (Id. at 60), but only for cases, not statutes.
If you are tempted to string together multiple sources to prove your point, the Court says don’t. String citations “disrupt the flow of the text and burden readers.” Cooney, Stringing Readers Along, 85 Mich B J 44 (Dec 2006).
Long Case Names
If you are citing a case which has a name that goes on for days you can abbreviate it as long as what you end up with still allows the reader to identify the case. For example:
The Court provided a format to use if you are quoting a case so new it hasn’t been published yet: Bev Smith, Inc v Atwell, ___ Mich App ___, ___; ___ NW2d ___ (2013) (Docket No. 308761); slip op at 3.
If you are citing a range of statutes, repeat the “MCL” before the end of the range: MCL 769.1 through MCL 769.36.
If the act contains a short title, capitalize the first letter of each substantive word, and do not include the year of enactment. Sponsors should be eliminated (i.e. the Civil Rights Act rather than the Elliott-Larsen Civil Rights Act). The word “Michigan” should be used when part of the short title or when distinguishing a Michigan law from another jurisdiction’s statute with the same title. If an act does not have an official title, the short title should not be capitalized (i.e. the no fault act).
If a legal treatise has more than 3 authors, keep the first name and then add “et al.” Once you cite the treatise in full once, you can refer to it by the author’s name in a short-form citation.
Because the Reporter’s Office creates an archive of Internet materials cited in published opinions, judges will avoid quoting any website that requires a subscription or with video. The inability to view these materials later can undermine their precedential value, so use alternative sources when you can.
Legal citation may seem very boring to the average practitioner. But being up to date on the latest formatting and citation rules will help your briefs look professional and persuasive to clients and judges alike.
Lisa Schmidt is a ghostwriter for Legal Linguist in Southfield, Michigan. She can provide thoroughly researched motion and brief writing services using up to date citation methods. For help meeting your filing deadlines, contact Legal Linguist today.