# Table of Authorities Rules in All 13 Federal Courts of Appeals

> Table of authorities rules for all 13 U.S. courts of appeals: FRAP 28(a)(3), local rules, passim bans (D.C., 10th, 11th), asterisks and length exclusions.

*Updated: 2026-09-24*

**The short answer:** Every federal court of appeals starts from FRAP 28(a)(3): a table of authorities listing “cases (alphabetically arranged), statutes, and other authorities” with “references to the pages of the brief where they are cited.” It is required in principal briefs and reply briefs (FRAP 28(c)) and is excluded from the word limit (FRAP 32(f)). On top of that, three circuits bar *passim* by rule (D.C., Tenth, Eleventh), the Ninth's sample brief discourages it, the Eleventh **requires** asterisks for the authorities a party primarily relies on, and the D.C. Circuit **permits** them. The other circuits add nothing about the table beyond FRAP 28, though several add rules about order, numbering or addenda that affect it. The Federal Circuit has proposed a *passim* restriction for December 1, 2026. Every cell below was checked against the court's own rules on 2026-09-24. General formatting guidance, not legal advice. Last verified: 2026-09-24.

**Fast facts**

- Baseline: FRAP 28(a)(3) (principal brief), 28(b) (appellee), 28(c) (reply brief must also have a table of authorities), 29(a)(4)(C) (amicus brief).
- Length: FRAP 32(f) excludes the “table of contents” and “table of citations,” with the cover, disclosure statement, oral-argument statement, statutory addendum, certificates, signature block and proof of service.
- *Passim* barred by rule: D.C. Cir. R. 28(a)(2), 10th Cir. R. 28.3(C), 11th Cir. R. 28-1(d). Discouraged: Ninth Circuit Shell Brief. Proposed: Fed. Cir. R. 32(j), effective Dec. 1, 2026 if adopted.
- Asterisks: required in the Eleventh (R. 28-1(d)); optional in the D.C. Circuit (R. 28(a)(2)). No other circuit's rules mention them for the table.
- Name: the Eleventh Circuit calls it the “Table of Citations.” FRAP 32(f) uses the same phrase.
- Order of contents is fixed by local rule in the 5th (R. 28.3), 11th (R. 28-1) and Federal (R. 28(a)) Circuits.
- Last verified: 2026-09-24 against each circuit's published rules (PDFs linked in the table).

## The baseline: FRAP 28(a)(3)

> “(3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited;” (Fed. R. App. P. 28(a)(3))

FRAP 28 sets three requirements for the table: it must exist, it must group cases ([alphabetized](/table-of-authorities-order)), statutes and other authorities, and it must give the brief pages where each authority is cited. It says nothing about *passim*, asterisks, roman numerals or the order of categories beyond that list. Those details come from local rules, clerk's guidance and custom, which is why the same brief can be compliant in the Fourth Circuit and rejected in the Eleventh.

## All 13 courts of appeals: table of authorities rules compared

“Silent” means we searched the circuit's current published rules for *passim* and found nothing. “None in rules” means the only asterisk reference we found concerns omissions in appendix text, not the table. A silent rule is not permission; follow any clerk's guidance or case order.

**Federal courts of appeals: TOA rule, passim, asterisks (last verified 2026-09-24)**

| Court | Local rule on the TOA | Passim | Asterisks | Notable quirk | Official source |
| --- | --- | --- | --- | --- | --- |
| 1st Cir. | None beyond FRAP 28. L.R. 28.0 adds a required addendum, which must begin with its own table of contents. | Silent | None in rules | L.R. 28.0 addendum (decision appealed from) bound at the rear of the appellant's brief | [Rulebook, amendments through June 1, 2026 (PDF)](https://www.ca1.uscourts.gov/sites/ca1/files/rulebook.pdf) |
| 2d Cir. | None beyond FRAP 28 (L.R. 28.1 covers form and the statement of the case). L.R. 32.1(a)(3): pages must be sequentially numbered and the PDF's page field must match. | Silent | None in rules | 14,000-word principal brief (L.R. 32.1(a)(4)); summary orders cited with “(summary order)” (L.R. 32.1.1(c)) | [Local Rules, eff. Dec. 2, 2024 (PDF)](https://www.ca2.uscourts.gov/clerk/case_filing/rules/pdf/LRs_IOCs_appendices_rev_2024.pdf) |
| 3d Cir. | None beyond FRAP 28. | Silent | None in rules | L.A.R. 28.3(a) prescribes the reporters to cite in the argument; L.A.R. 28.1(a)(1) requires appendix page cites showing where each issue was raised | [L.A.R., 2011 edition as posted (PDF)](https://www.ca3.uscourts.gov/sites/ca3/files/2011_LAR_Final.pdf) |
| 4th Cir. | None beyond FRAP 28. | Silent | None in rules | L.R. 28(b): only FRAP 28(f) and 32.1(b) material may go in an addendum without leave | [Local Rules, Mar. 23, 2026 (PDF)](https://www.ca4.uscourts.gov/docs/pdfs/rules.pdf) |
| 5th Cir. | 5th Cir. R. 28.3 fixes the order: certificate of interested persons, oral-argument statement, table of contents, then table of authorities. | Silent | None in rules | Certificate of interested persons does not count toward length (5th Cir. R. 32.2); clerk's brief checklist published | [FRAP with 5th Cir. R. & IOPs, through Dec. 2025 (PDF)](https://www.ca5.uscourts.gov/docs/C9B3642D-BBBF-4D20-859C-C5B0875D75E8/federalrulesofappellateprocedure) |
| 6th Cir. | None beyond FRAP 28. The clerk's Briefs Checklist restates FRAP 28(a)(3). | Silent | None in rules | Record cites must use the district court “Page ID #” (6 Cir. R. 28(a)(1)) | [Rules, last amended July 13, 2026 (PDF)](https://www.ca6.uscourts.gov/sites/ca6/files/documents/rules_procedures/Full%20Rules%20w%20FRAP_0.pdf) |
| 7th Cir. | None beyond FRAP 28 for briefs. Cir. R. 40(a) requires a table of cases, statutes and other authorities in a petition for rehearing. | Silent | None in rules | 12-point type allowed (Cir. R. 32(b)); 14,000-word principal brief (Cir. R. 32(c)) | [Rules current as of Dec. 1, 2025 (PDF)](https://www.ca7.uscourts.gov/assets/pdf/rules.pdf) |
| 8th Cir. | None beyond FRAP 28. | Silent | None in rules | A one-page summary of the case must be the first item in the brief; each issue must list up to 4 most apposite cases (8th Cir. R. 28A(i)) | [Local Rules, June 17, 2024 (PDF)](https://www.ca8.uscourts.gov/sites/ca8/files/Eighth%20Circuit%20Local%20Rules%206.17.24.pdf) |
| 9th Cir. | Cir. R. 28-1(a): every counseled brief, including supplemental briefs, must contain a table of authorities under FRAP 28 unless the court allows a letter brief. | Discouraged by the court's Shell Brief (“Avoid use of passim unless the authority appears on nearly every page”); no rule | None in rules or Shell Brief | Pro se appellants may use the court's informal brief forms (Cir. R. 28-1(d)) | [Rules, Dec. 1, 2025 (PDF)](https://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf) |
| 10th Cir. | 10th Cir. R. 28.3(C) bars passim. 28.2(C)(3): the first brief's related-appeals statement goes at the end of the Table of Authorities; a glossary follows it (28.2(C)(4)). | Prohibited | None in rules | Related-cases list sits inside the TOA | [2026 Rules (PDF)](https://www.ca10.uscourts.gov/sites/ca10/files/clerk/2026Rules.pdf) |
| 11th Cir. | 11th Cir. R. 28-1(d): the “Table of Citations” must show every page and carry asterisks for the citations the party primarily relies on. | Prohibited | Required | Table must be double-spaced (11th Cir. R. 32-3) | [Rules, Aug. 1, 2026 (PDF)](https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules%20Bookmarked.AUG26.pdf) |
| D.C. Cir. | D.C. Cir. R. 28(a)(2): asterisks optional, every page required; glossary follows the table (28(a)(3)). | Prohibited | Optional, with the notation “Authorities upon which we chiefly rely are marked with asterisks.” | The asterisk convention started here | [Circuit Rules, through Dec. 4, 2025 (PDF)](https://www.cadc.uscourts.gov/sites/cadc/files/rules-RulesFRAP20251204.pdf) |
| Fed. Cir. | Fed. Cir. R. 28(a): certificate of interest, table of contents, table of authorities, then statement of related cases. | Silent now; a proposed Fed. Cir. R. 32(j) would restrict passim from Dec. 1, 2026 if adopted | None in rules | Watch the 2026 amendment | [Rules of Practice, Dec. 1, 2025 (PDF)](https://www.cafc.uscourts.gov/wp-content/uploads/RulesProceduresAndForms/FederalCircuitRules/FederalCircuitRulesofPractice.pdf) |

**Download the data.** Every row on this page — plus the Supreme Court and all 13 federal courts of appeals — is available as a free dataset: [JSON](/data/toa-rules-2026-09.json) · [CSV](/data/toa-rules-2026-09.csv). Each row links to the official rule and carries its last-verified date. Free to reuse with attribution ("BriefAuthority TOA rules dataset", CC BY 4.0).

## What the local rules actually change

- **Every page, no shortcuts (D.C., 10th, 11th).** List each page; a range such as “7-10” is allowed in the 10th and 11th only when the authority appears on every page in the range. See [passim in a table of authorities](/passim-table-of-authorities).
- **Asterisks (11th required, D.C. optional).** In the Eleventh, mark the citations you primarily rely on in the margin. In the D.C. Circuit, if you mark any, add the notation at the bottom of the table's first page.
- **Placement.** In the 5th, the table comes after the certificate of interested persons, the oral-argument statement and the table of contents. In the Federal Circuit it follows the certificate of interest and table of contents and precedes the statement of related cases. In the 10th, the related-appeals statement goes at the end of the table itself.
- **Numbering.** The [Second Circuit](/second-circuit-table-of-authorities) requires sequential [page numbers](/table-of-authorities-page-numbers) and a PDF whose page field matches them (L.R. 32.1(a)(3)). The Eleventh says the front-matter items, including the Table of Citations, “need not be numbered” (11th Cir. R. 32-4). Either way, the page references in the table must match the pages as filed.
- **Spacing.** The Eleventh requires the Table of Contents and Table of Citations to be double-spaced (11th Cir. R. 32-3).

## Circuit pages

- [Ninth Circuit table of authorities](/ninth-circuit-table-of-authorities) — Circuit Rule 28-1, the Shell Brief and the passim caution.
- [Second Circuit table of authorities](/second-circuit-table-of-authorities) — FRAP 28 baseline, Local Rule 32.1 page numbering, summary orders.
- [Fifth Circuit table of authorities](/fifth-circuit-table-of-authorities) — 5th Cir. R. 28.3 order of contents and the clerk's checklist.
- [Eleventh Circuit table of citations](/eleventh-circuit-table-of-authorities) — 11th Cir. R. 28-1(d): asterisks required, passim barred.

> **Common mistake:** assuming FRAP 28 is the whole rule because it is the whole rule in most circuits. **Correct approach:** check the circuit's local rule on brief contents before building the table; the D.C., Tenth and Eleventh Circuits will reject a table that uses *passim*, and the Eleventh expects asterisks.

> **Where BriefAuthority fits:** [BriefAuthority](/table-of-authorities-generator) is in development (early access). It is designed to build the table from your [final PDF](/table-of-authorities-from-pdf), list every page, and add passim or asterisks only when you choose them for your court. Specification as designed; confirmed at launch.

## Frequently asked

**Which federal circuits prohibit passim in a table of authorities?**

As of 2026-09-24: the D.C. Circuit (Rule 28(a)(2)), the Tenth Circuit (Rule 28.3(C)) and the [Eleventh Circuit](/eleventh-circuit-table-of-authorities) (Rule 28-1(d)). The [Ninth Circuit](/ninth-circuit-table-of-authorities)'s Shell Brief says to avoid it unless the authority appears on nearly every page. The Federal Circuit has proposed a restriction that would take effect December 1, 2026 if adopted.

**Which circuits use asterisks in the table of authorities?**

The Eleventh Circuit requires them: the Table of Citations “shall contain asterisks in the margin identifying the citations upon which the party primarily relies.” The D.C. Circuit makes them optional and, if used, requires the notation “Authorities upon which we chiefly rely are marked with asterisks.” We found no asterisk convention for the table in the other circuits' rules.

**Does the table of authorities count toward the word limit in the courts of appeals?**

No. FRAP 32(f) excludes the table of contents and the “table of citations” from the length limit in every circuit. The Ninth Circuit repeats this in Circuit Rule 32-1(c), and the Eleventh in Rule 32-4.

**Does a reply brief need a table of authorities?**

Yes. FRAP 28(c) says a reply brief “must contain a table of contents, with page references, and a table of authorities.” The Eleventh Circuit's Rule 28-3 also lists the Table of Citations among the required parts of a reply brief.

**Do federal appellate briefs have to use roman numerals for the table pages?**

FRAP does not say. Many briefs number front matter in roman numerals, as the Ninth and Eleventh Circuit sample briefs do. The Second Circuit requires sequential numbering that matches the PDF's page field, and the Eleventh says front-matter pages need not be numbered. Whatever scheme you use, the table must cite the page numbers printed on the brief.

Last verified: 2026-09-24. Each row was read from the circuit's own rules PDF, fetched directly from the court's website on that date. Rules change, usually on December 1; confirm the current text before filing. This page is general formatting information, not legal advice.

**Keep reading**

- [Ninth Circuit table of authorities](/ninth-circuit-table-of-authorities) — Circuit Rule 28-1, the Shell Brief and the passim caution.
- [Second Circuit table of authorities](/second-circuit-table-of-authorities) — FRAP 28 baseline, Local Rule 32.1 page numbering, summary orders.
- [Fifth Circuit table of authorities](/fifth-circuit-table-of-authorities) — 5th Cir. R. 28.3 order of contents and the clerk's checklist.
- [Eleventh Circuit table of citations](/eleventh-circuit-table-of-authorities) — 11th Cir. R. 28-1(d): asterisks required, passim barred.
- [Passim in a table of authorities](/passim-table-of-authorities) — Which courts ban it and what to write instead.
- [Table of authorities rules](/table-of-authorities-rules) — FRAP 28, Supreme Court Rule 34.2, category order.
- [When is a table of authorities required?](/when-is-a-table-of-authorities-required) — Thresholds by court and document type.
- [Table of authorities rules by state](/table-of-authorities-by-state) — State appellate rules on TOA contents.
- [Supreme Court table of authorities](/supreme-court-table-of-authorities) — Rule 24 and Rule 34.2 in one place.

**Sources**

- [Cornell LII — FRAP 28](https://www.law.cornell.edu/rules/frap/rule_28)
- [Cornell LII — FRAP 32](https://www.law.cornell.edu/rules/frap/rule_32)
- [First Circuit — Rulebook (amendments through June 1, 2026)](https://www.ca1.uscourts.gov/sites/ca1/files/rulebook.pdf)
- [Second Circuit — Local Rules and IOPs, effective Dec. 2, 2024](https://www.ca2.uscourts.gov/clerk/case_filing/rules/pdf/LRs_IOCs_appendices_rev_2024.pdf)
- [Third Circuit — Local Appellate Rules (2011 edition as posted)](https://www.ca3.uscourts.gov/sites/ca3/files/2011_LAR_Final.pdf)
- [Fourth Circuit — Local Rules](https://www.ca4.uscourts.gov/docs/pdfs/rules.pdf)
- [Fifth Circuit — FRAP with 5th Cir. R. and IOPs (through Dec. 2025)](https://www.ca5.uscourts.gov/docs/C9B3642D-BBBF-4D20-859C-C5B0875D75E8/federalrulesofappellateprocedure)
- [Sixth Circuit — FRAP, Sixth Circuit Rules and IOPs (last amended July 13, 2026)](https://www.ca6.uscourts.gov/sites/ca6/files/documents/rules_procedures/Full%20Rules%20w%20FRAP_0.pdf)
- [Seventh Circuit — FRAP and Circuit Rules (current as of Dec. 1, 2025)](https://www.ca7.uscourts.gov/assets/pdf/rules.pdf)
- [Eighth Circuit — Local Rules (June 17, 2024)](https://www.ca8.uscourts.gov/sites/ca8/files/Eighth%20Circuit%20Local%20Rules%206.17.24.pdf)
- [Ninth Circuit — FRAP and Circuit Rules (Dec. 1, 2025)](https://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf)
- [Ninth Circuit — Shell Brief](https://cdn.ca9.uscourts.gov/datastore/uploads/guides/Shell_Brief.pdf)
- [Tenth Circuit — 2026 FRAP and Local Rules](https://www.ca10.uscourts.gov/sites/ca10/files/clerk/2026Rules.pdf)
- [Eleventh Circuit — Rules (Aug. 1, 2026)](https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules%20Bookmarked.AUG26.pdf)
- [D.C. Circuit — Circuit Rules (through Dec. 4, 2025)](https://www.cadc.uscourts.gov/sites/cadc/files/rules-RulesFRAP20251204.pdf)
- [Federal Circuit — Rules of Practice (Dec. 1, 2025)](https://www.cafc.uscourts.gov/wp-content/uploads/RulesProceduresAndForms/FederalCircuitRules/FederalCircuitRulesofPractice.pdf)
- [Federal Circuit — Notice of Proposed Amendments (July 2026)](https://www.cafc.uscourts.gov/wp-content/uploads/RulesProceduresAndForms/FederalCircuitRules/InitialPublicNotice_2026.pdf)