# North Dakota Briefs: Paragraph Numbers in the Table of Authorities

> North Dakota briefs number every paragraph, and the table of authorities cites paragraphs, not pages (N.D.R.App.P. 28, 32). Rule text, citation form, example.

*Updated: 2026-09-26*

**The short answer:** In the North Dakota Supreme Court, the table of authorities points to **paragraphs**, not pages. N.D.R.App.P. 32(a)(7) requires that “Paragraphs must be numbered using arabic numerals in briefs,” and N.D.R.App.P. 28(b)(2) requires “a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the paragraphs in the brief where they are cited.” The table of contents uses paragraph references too (Rule 28(b)(1)), and so does a reply brief (Rule 28(d)). Cases decided since 1997 are cited with the medium-neutral citation and the North Western Reporter, as in *State v. Noack*, 2007 ND 82, 732 N.W.2d 389 (N.D.R.Ct. 11.6).

Last verified: 2026-09-26. This is formatting guidance, not legal advice; follow the current North Dakota rules.

**Fast facts**

- N.D.R.App.P. 28(b)(1): table of contents “with paragraph references.” 28(b)(2): table of authorities “with references to the paragraphs in the brief where they are cited.” (Rule 28 text effective Sept. 1, 2026.)
- The paragraph-reference requirement was added to Rule 28 effective December 1, 2014, according to the rule's explanatory note.
- Appellee's brief: must conform to Rule 28(b), with listed exceptions that do not include the tables (Rule 28(c)). Reply brief: table of contents and table of authorities with paragraph references (Rule 28(d)).
- N.D.R.App.P. 32(a)(7): paragraphs numbered in arabic numerals; references to any document with paragraph numbers “must be to the paragraph number.” 32(b)(1) extends numbering to most documents filed with the court.
- Pages are still numbered: at the bottom, starting with 1 on the cover (Rule 32). A principal brief may not exceed 38 pages, a reply brief 12.
- N.D.R.Ct. 11.6: North Dakota cases since January 1, 1997 are cited by year, “ND,” and sequential number, plus the North Western Reporter when available; pinpoints use ¶.
- The Supreme Court's filing tips: use both the North Dakota and the North Western Reporter citation “in the table of authorities and the argument.”

## What the rules say

> “(7) Paragraph Numbers. Paragraphs must be numbered using arabic numerals in briefs. Reference to material in any document that contains paragraph numbers must be to the paragraph number.” N.D.R.App.P. 32(a)(7).

Rule 28 builds the tables on those numbers. The appellant's brief must contain “(1) a table of contents, with paragraph references; (2) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the paragraphs in the brief where they are cited” ([N.D.R.App.P. 28](https://www.ndcourts.gov/legal-resources/rules/ndrappp/28)). Rule 32(b)(1) goes further: “All paragraphs must be numbered in documents filed with the court except for exhibits, documents prepared before the action was commenced, or documents not prepared by the parties or court” ([N.D.R.App.P. 32](https://www.ndcourts.gov/legal-resources/rules/ndrappp/32)). The court's appellate practice tips repeat it in five words: “Number the paragraphs in briefs.”

The categories and order are the familiar federal ones: cases alphabetically, then statutes, then other authorities. Only the reference changes. A case discussed in paragraphs 12 through 15 is listed with those paragraph numbers, whatever pages they fall on.

## What a paragraph-numbered brief looks like

The rules require numbering but do not prescribe a typographic form. A common form puts the number in brackets at the start of each paragraph, the same form the Supreme Court uses in its own opinions (“[¶1] Galvanizers, Inc., and K and K Construction and Repair, Inc. … appealed from a judgment …” in [*Galvanizers v. Kautzman*](https://www.courtlistener.com/opinion/5174646/galvanizers-v-kautzman/)). One brief filed in the Supreme Court in 2021 numbers even its front matter: the table of contents lists “Table of Authorities … ¶1,” “Statement of the Issue … ¶2,” and the table itself is headed “[¶1] TABLE OF AUTHORITIES” ([brief, PDF](https://statecourtreport.org/sites/default/files/2023-08/291014750%20-%20Isakson%20-%20Brief%20-%20Party%20Brief%20-02.16.2021.pdf)). That is one filer's practice, not a rule; what the rules require is that every paragraph is numbered and every reference points to a number.

## How North Dakota cases are cited

N.D.R.Ct. 11.6 requires the initial citation of a published opinion released on or after January 1, 1997, in a brief and “the citation in the table of cases in a brief,” to include the year, the court designation “ND” (or “ND App”), and the sequential number, plus the North Western Reporter volume and page when available. Its examples: “Smith v. Jones, 1997 ND 15, 600 N.W.2d 900” and, for a pinpoint, “Smith v. Jones, 1997 ND 15, ¶ 21, 600 N.W.2d 900.” The rule's note explains that “The use of the ¶ symbol in spot citations is necessary to distinguish paragraph numbers from page numbers,” and that “ND” without periods refers to the post-1997 opinions, while “N.D.” with periods is the old North Dakota Reports. Opinions released before 1997 are cited to the North Western Reporter ([N.D.R.Ct. 11.6](https://www.ndcourts.gov/legal-resources/rules/ndrct/11-6)).

So a North Dakota brief uses paragraph numbers in two different ways: the brief's own paragraphs, which the table of authorities references, and the paragraphs of cited opinions (“2007 ND 82, ¶ 9”), which are pinpoints and stay out of the table. The pinpoint is a paragraph of the opinion; the table's reference is a paragraph of your brief.

## Worked example

**Citations in a hypothetical North Dakota brief**

| Brief paragraph | Text in the brief | Table entry and reference |
| --- | --- | --- |
| [¶3] | This Court has jurisdiction under N.D. Const. art. VI, § 2, and N.D.C.C. § 27-02-04. | N.D.C.C. § 27-02-04: ¶ 3; N.D. Const. art. VI, § 2: ¶ 3 |
| [¶12] | *Kautzman v. Kautzman*, 2003 ND 140, 668 N.W.2d 59. | *Kautzman*: ¶ 12 |
| [¶15] | *Kautzman*, 2003 ND 140. | *Kautzman*: ¶ 15 |
| [¶20] | *State v. Noack*, 2007 ND 82, ¶ 9, 732 N.W.2d 389; N.D.R.App.P. 28(b). | *Noack*: ¶ 20 (the “¶ 9” is a pinpoint to the opinion, not listed); N.D.R.App.P. 28: ¶ 20 |

**TABLE OF AUTHORITIES (from the excerpt above)**

| Authority | Paragraph(s) |
| --- | --- |
| **Cases** |  |
| *Kautzman v. Kautzman*, 2003 ND 140, 668 N.W.2d 59 | 12, 15 |
| *State v. Noack*, 2007 ND 82, 732 N.W.2d 389 | 20 |
| **Constitutional Provisions** |  |
| N.D. Const. art. VI, § 2 | 3 |
| **Statutes** |  |
| N.D.C.C. § 27-02-04 | 3 |
| **Rules** |  |
| N.D.R.App.P. 28 | 20 |

The table cites brief paragraphs 12 and 15 for *Kautzman* and paragraph 20 for *Noack*, not the pages those paragraphs sit on and not *Noack*'s own ¶ 9. Both case entries carry the medium-neutral and North Western Reporter citations, as N.D.R.Ct. 11.6 and the court's filing tips require. The cases are real ([Kautzman](https://www.courtlistener.com/opinion/897275/kautzman-v-kautzman/); [Noack](https://www.courtlistener.com/opinion/2230699/state-v-noack/)); the brief and its paragraph numbers are hypothetical. Some briefs print the column values with the symbol (“¶¶ 12, 15”); the rules only require that they refer to paragraphs.

## Common errors

- **Page numbers in the table.** Rule 28(b)(2) asks for paragraph references. A table built by Word's Table of Authorities feature lists pages by default.
- **Unnumbered paragraphs.** Block quotes, headings and short transitional paragraphs are easy to skip. Decide how you handle them and stay consistent, so every citation falls in a numbered paragraph.
- **Renumbering after edits.** Inserting one paragraph shifts every later number, and every table reference with it. Rebuild both tables from the final brief.
- **Listing opinion pinpoints.** “2007 ND 82, ¶ 9” is a paragraph of the opinion, not of your brief.
- **Only one citation for a post-1997 case.** Use both the medium-neutral and the North Western Reporter citation when available.
- **Periods in “ND.”** “N.D.” means the North Dakota Reports (1890-1953); the medium-neutral designation is “ND.”

> **Where BriefAuthority fits:** [BriefAuthority](/table-of-authorities-generator) is a free browser tool that builds a table of authorities from your brief's final PDF or .docx. When a brief is numbered by paragraph (“[¶17]”), it indexes each authority by paragraph instead of page, and the table's column is headed “Paragraph(s).” The [checker](/table-of-authorities-checker) can test a table already in the PDF, and [comparing two versions](/compare-brief-versions) shows what moved after renumbering. The brief is never uploaded.

## Frequently asked

**Do North Dakota briefs need paragraph numbers?**

Yes. N.D.R.App.P. 32(a)(7) says “Paragraphs must be numbered using arabic numerals in briefs,” and Rule 32(b)(1) extends numbering to most documents filed with the court.

**Does the North Dakota table of authorities list pages or paragraphs?**

Paragraphs. Rule 28(b)(2) requires references “to the paragraphs in the brief where they are cited.” The table of contents also uses paragraph references (Rule 28(b)(1)).

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

Yes. Rule 28(d) requires a table of contents and a table of authorities in a reply brief, both with paragraph references.

**How do you cite a North Dakota Supreme Court case?**

For opinions since 1997: year, “ND,” sequential number, and the North Western Reporter when available, e.g. *State v. Noack*, 2007 ND 82, 732 N.W.2d 389. Pinpoints use ¶: 2007 ND 82, ¶ 9 (N.D.R.Ct. 11.6).

**Do pages still need numbers?**

Yes. Rule 32 requires page numbers at the bottom of each page, starting with 1 on the cover, and page limits (38 for a principal brief, 12 for a reply) are counted in pages.

**Keep reading**

- [Table of authorities rules by state](/table-of-authorities-by-state): What each state calls the table and requires.
- [Table of authorities page numbers](/table-of-authorities-page-numbers): Why page references go wrong, and how to check them.
- [Kentucky statement of points and authorities](/kentucky-points-and-authorities): RAP 32: authorities listed under each contention.
- [Michigan citation format in a table of authorities](/michigan-citation-format-table-of-authorities): Citations without periods, MCL and MCR.
- [Id. and supra in a table of authorities](/id-supra-table-of-authorities): Which references add to an entry.

**Sources**

- [North Dakota Court System: N.D.R.App.P. 28, Briefs (effective Sept. 1, 2026)](https://www.ndcourts.gov/legal-resources/rules/ndrappp/28)
- [North Dakota Court System: N.D.R.App.P. 32, Form of Briefs and Other Documents (effective Apr. 1, 2024)](https://www.ndcourts.gov/legal-resources/rules/ndrappp/32)
- [North Dakota Court System: N.D.R.Ct. 11.6, Medium-Neutral Case Citations (effective Mar. 1, 2025)](https://www.ndcourts.gov/legal-resources/rules/ndrct/11-6)
- [North Dakota Supreme Court: Appellate Brief Filing Tips](https://www.ndcourts.gov/supreme-court/filing/appellate-brief-filing-tips)
- [North Dakota Supreme Court: Appellate Practice Tips](https://www.ndcourts.gov/supreme-court/filing/appellate-practice-tips)
- [State Court Report: brief filed in the North Dakota Supreme Court, Feb. 16, 2021 (paragraph-numbered example) (PDF)](https://statecourtreport.org/sites/default/files/2023-08/291014750%20-%20Isakson%20-%20Brief%20-%20Party%20Brief%20-02.16.2021.pdf)
- [CourtListener: Galvanizers v. Kautzman (N.D. 2021), opinion text showing [¶] paragraph numbering](https://www.courtlistener.com/opinion/5174646/galvanizers-v-kautzman/)
- [CourtListener: Kautzman v. Kautzman, 2003 ND 140, 668 N.W.2d 59](https://www.courtlistener.com/opinion/897275/kautzman-v-kautzman/)
- [CourtListener: State v. Noack, 2007 ND 82, 732 N.W.2d 389](https://www.courtlistener.com/opinion/2230699/state-v-noack/)