# Ninth Circuit Table of Authorities: Circuit Rule 28-1 and the Shell Brief

> Ninth Circuit table of authorities: FRAP 28(a)(3), Circuit Rule 28-1(a), the Shell Brief's passim caution, Form 8 word count and informal pro se briefs.

*Updated: 2026-09-24*

**The short answer:** In the Ninth Circuit, FRAP 28(a)(3) requires a table of authorities, and Circuit Rule 28-1(a) makes it explicit that “[a]ll briefs submitted by counsel, including supplemental briefs, must contain a table of contents and a table of authorities pursuant to FRAP 28,” unless the court directs or permits a letter brief. The circuit rules say nothing about *passim* or asterisks. The court's own Shell Brief, a template for filers, says: “Identify all pages in brief where the case appears. Avoid use of passim unless the authority appears on nearly every page.” The table does not count toward the 14,000-word limit (Circuit Rule 32-1(a), (c)). Unrepresented appellants may use the court's informal brief forms instead (Circuit Rule 28-1(d)). General formatting guidance, not legal advice. Last verified: 2026-09-24.

**Fast facts**

- Baseline: FRAP 28(a)(3); reply briefs too (FRAP 28(c)).
- Circuit Rule 28-1(a) (Rev. 12/1/24): table of authorities required in all counseled briefs, “including supplemental briefs,” unless a letter brief is directed or permitted. Noncompliant briefs “may be stricken.”
- *Passim*: no circuit rule. The Shell Brief says avoid it unless the authority appears on nearly every page.
- Asterisks: none in the rules or the Shell Brief.
- Categories in the Shell Brief: Cases, Statutes, Regulations, Rules, Other Authorities. Cases alphabetical “regardless of the jurisdiction”; statutes by U.S. Code title and section; regulations by C.F.R. title and section.
- Length: 14,000 words for opening and answering briefs, 7,000 for the reply (Circuit Rule 32-1(a)-(b)); FRAP 32(f) items, including the table, excluded (32-1(c)). Certify with Form 8 (32-1(e)).
- Motions: a table of contents and table of authorities are “helpful” for motions over 10 pages or 2,500 words and are not counted (Advisory Committee Note to Rule 27-1, new 12/1/25).
- Last verified: 2026-09-24 against the Ninth Circuit Rules (Dec. 1, 2025) and the Shell Brief.

## What the rules say

> “(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))

> “(a) Briefs shall be prepared and filed in accordance with the Federal Rules of Appellate Procedure except as otherwise provided by these rules. See FRAP 28, 29, 31 and 32. All briefs submitted by counsel, including supplemental briefs, must contain a table of contents and a table of authorities pursuant to FRAP 28, unless the Court directs or permits the brief to be in letter format. Briefs not complying with FRAP and these rules may be stricken by the Court.” (9th Cir. R. 28-1(a))

Circuit Rule 28-2 lists additional contents (jurisdiction statement, bail status, reviewability and standard of review, related cases, statutory addendum), but none of them changes the table itself. The practical detail comes from the Shell Brief, which the court publishes as a model.

## The Shell Brief's table of authorities

> “Insert all cases cited in brief in alphabetical order by case name, regardless of the jurisdiction where the case comes from. Use proper bluebook form. Identify all pages in brief where the case appears. Avoid use of passim unless the authority appears on nearly every page.” (Ninth Circuit Shell Brief, Table of Authorities)

**Ninth Circuit rules and guidance that affect the table**

| Source | What it says | Effect on the TOA |
| --- | --- | --- |
| FRAP 28(a)(3), (c) | Table of authorities with page references in principal and reply briefs | Required |
| 9th Cir. R. 28-1(a) | Required in all counseled briefs, including supplemental briefs, unless letter format | No exception for short supplemental briefs |
| 9th Cir. R. 28-1(d) | Pro se appellants may file the Clerk's informal form briefs and “need not comply with the technical requirements of FRAP” | No TOA needed on the informal form |
| 9th Cir. R. 32-1(a)-(c) | 14,000 words (opening/answering), 7,000 (reply); FRAP 32(f) items excluded | The table is not counted |
| 9th Cir. R. 32-1(e) | Word-count certificate on Form 8 | The Shell Brief lists Form 8 in the table of contents after the Statement of Related Cases |
| 9th Cir. R. 32-1(g) | Handwritten or typewritten briefs by unrepresented litigants: 50 pages (opening/answering), 25 (reply) | Page limit, not word limit |
| Shell Brief | Every page; avoid passim unless on nearly every page; categories Cases, Statutes, Regulations, Rules, Other Authorities | The court's model format |

## Example Ninth Circuit table of authorities

Laid out the way the Shell Brief shows it: “Page(s)” heading, case name on one line, citation indented below, [dot leaders](/table-of-authorities-format) to the page list. The authorities are real; the [page numbers](/table-of-authorities-page-numbers) are illustrative.

**Example entries (Shell Brief layout)**

| Entry | Page(s) |
| --- | --- |
| **Cases** |  |
| *Ashcroft v. Iqbal*, 556 U.S. 662 (2009) | 6, 9 |
| *Miller v. Gammie*, 335 F.3d 889 (9th Cir. 2003) (en banc) | 4, 7-8 |
| *United States v. Hinkson*, 585 F.3d 1247 (9th Cir. 2009) (en banc) | 5, 11 |
| **Statutes** |  |
| 28 U.S.C. § 1291 | 2 |
| **Rules** |  |
| Fed. R. App. P. 4(a)(1)(A) | 2 |

“7-8” is a range, used only because the authority appears on both pages. One caution if you copy the Shell Brief's own example: it prints *Bell Atlantic Corp. v. Twombly* as “550 U.S. 558”; the opinion begins at 550 U.S. 544. Check every citation against the reporter, not against a [template](/table-of-authorities-template).

## Pro se appellants: the informal brief forms

Circuit Rule 28-1(d) lets appellants without a lawyer file the informal form briefs provided by the Clerk “in lieu of the briefs described in FRAP 28(a) and (c).” The court's Briefs page lists informal opening and reply brief forms, including separate forms for immigration and non-immigration agency petitions ([Ninth Circuit — Briefs](https://www.ca9.uscourts.gov/filing/briefs/)). The appeals form (checked 2026-09-24) is a questionnaire with no table of authorities section; question 8 asks “What law supports these issues on appeal?” and adds that you “may refer to cases and statutes, but you are not required to do so.” A pro se party who files a formal brief instead should follow FRAP 28 and include one. The Shell Brief's cover page makes the same point: if you do not have a lawyer, “you may file the form brief provided by the Clerk.” See [table of authorities for pro se appellants](/table-of-authorities-pro-se-appellant).

> **Common mistake:** filing a short supplemental brief without tables because it is “only supplemental.” **Correct approach:** Circuit Rule 28-1(a) requires a table of contents and a table of authorities in counseled supplemental briefs too, unless the court directs or permits letter format.

> **Where BriefAuthority fits:** [BriefAuthority](/table-of-authorities-generator) is in development (early access). It is designed to read your [final PDF](/table-of-authorities-from-pdf), list every page an authority appears on, and leave [passim](/passim-table-of-authorities) off unless you turn it on. Specification as designed; confirmed at launch.

## Frequently asked

**Can I use passim in a Ninth Circuit brief?**

No circuit rule forbids it, but the court's Shell Brief says to “[a]void use of passim unless the authority appears on nearly every page.” Listing every page is the safer course.

**Does the Ninth Circuit require asterisks for principal authorities?**

No. Neither the Circuit Rules (Dec. 1, 2025) nor the Shell Brief mention asterisks in the table. That convention belongs to the [D.C. Circuit](/federal-circuit-table-of-authorities-rules) (optional) and the [Eleventh Circuit](/eleventh-circuit-table-of-authorities) (required).

**Does the table of authorities count toward the Ninth Circuit's 14,000-word limit?**

No. Circuit Rule 32-1(c) excludes the portions of the brief listed in FRAP 32(f), which include the table of contents and table of citations.

**Do supplemental briefs need a table of authorities in the Ninth Circuit?**

Yes, if filed by counsel. Circuit Rule 28-1(a) was revised effective December 1, 2024 to say all briefs submitted by counsel, “including supplemental briefs,” must contain both tables unless the court directs or permits letter format.

**Does a pro se appellant need a table of authorities in the Ninth Circuit?**

Not when using the court's informal brief form; Circuit Rule 28-1(d) excuses those briefs from FRAP's technical requirements. A formal brief should follow FRAP 28 and include the table.

**Should I include a table of authorities in a long motion?**

The Ninth Circuit says it is “helpful” for motions or responses over 10 pages or 2,500 words, and those tables are not counted toward the motion word limits (Advisory Committee Note to Rule 27-1, added December 1, 2025).

Last verified: 2026-09-24, from the Ninth Circuit Rules PDF (Dec. 1, 2025 edition) and the Shell Brief PDF on cdn.ca9.uscourts.gov. Informal brief forms confirmed on the court's Briefs and Forms pages. Rules change; confirm before filing. General formatting information, not legal advice.

**Keep reading**

- [Table of authorities rules in all 13 federal courts of appeals](/federal-circuit-table-of-authorities-rules) — Local rule, passim status and asterisk convention, circuit by circuit.
- [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)
- [Ninth Circuit — FRAP, Circuit Rules and Advisory Committee Notes, Dec. 1, 2025 (PDF)](https://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf)
- [Ninth Circuit — Shell Brief (PDF)](https://cdn.ca9.uscourts.gov/datastore/uploads/guides/Shell_Brief.pdf)
- [Ninth Circuit — Briefs (filing guidance and informal brief forms)](https://www.ca9.uscourts.gov/filing/briefs/)
- [Ninth Circuit — All Forms (Form 8 certificate of compliance)](https://www.ca9.uscourts.gov/filing/forms/)
- [Ninth Circuit — Appellant's Informal Opening Brief Form (PDF)](https://cdn.ca9.uscourts.gov/datastore/uploads/forms/Informal-Opening-Brief-Form-Appeals.pdf)