# Passim in a Table of Authorities: What It Means and Which Courts Ban It

> Passim means “throughout.” Which court rules ban it in a table of authorities (Supreme Court, D.C., 10th, 11th Circuits) and what to write instead.

*Updated: 2026-09-24*

**The short answer:** *Passim* is Latin for “here and there” or “throughout.” In a table of authorities (TOA) it replaces a long page list for an authority cited all over the brief. It is not allowed everywhere. The U.S. Supreme Court (Rule 34.2), the D.C. Circuit (Rule 28(a)(2)), the Tenth Circuit (Rule 28.3(C)) and the Eleventh Circuit (Rule 28-1(d)) require every page to be listed instead. The Ninth Circuit's own sample brief says to avoid it unless the authority appears on nearly every page, and Oregon's appellate rules discourage it. Most other rules we checked are silent. Where *passim* is barred, list every page and use a range such as “7-10” only when the authority is cited on every page in the range.

Last verified: 2026-09-24, against the courts' own published rules. This is formatting guidance, not legal advice; always read your court's current local rules.

**Fast facts**

- *Passim* means “throughout” or “here and there.” It is usually italicized.
- Microsoft Word's *passim* option replaces an entry's page list when the authority has **five or more** page references (Microsoft's documentation for the TOA field's \p switch).
- U.S. Supreme Court Rule 34.2: the TOA “should not use the ‘passim’ notation.” The sentence was added in the revision effective January 1, 2023 and remains in the current Rules, effective March 16, 2026.
- D.C. Circuit Rule 28(a)(2): “passim or similar terms may not be used.”
- Tenth Circuit Rule 28.3(C) and Eleventh Circuit Rule 28-1(d) now copy the Supreme Court's wording almost word for word.
- FRAP 28(a)(3) requires page references but says nothing about *passim*.
- Ranges are the approved shortcut: “7-10” is allowed only if the authority is cited on every page from 7 through 10.

## What passim means in a table of authorities

A TOA lists each authority once, with the brief pages where it is cited. When a case runs through the whole argument, the page list can fill a line or more. *Passim* is the old shorthand for that situation: instead of “3, 5, 6, 9, 11, 14, 17, 19,” the entry ends with the single word *passim*. Nothing in the word tells the reader where to look. That is the objection courts give. When the Supreme Court added its ban, the Clerk's comment said the change requiring every page to be listed “is designed to facilitate access to cited material.” A judge reading a brief on screen, or checking a case the brief relies on, wants the exact pages.

In a brief, *passim* normally appears only in the table, not in the text citations. It also has nothing to do with *Id.* or *supra*: those are short forms in the text, and their pages are credited to the full authority's entry whether or not *passim* is used. See [Id. and supra in a table of authorities](/id-supra-table-of-authorities).

## Which courts ban passim: court-by-court table

Every row below was checked against the court's own published rules or guidance on 2026-09-24. “Silent” means we searched the current official rule text and found no reference to *passim*; the court may still have chambers preferences, so a silent rule is not permission. Courts we could not check against an official source are left out rather than guessed.

**Passim in a table of authorities, by court (last verified 2026-09-24)**

| Court | Rule | Text (verbatim) | Status | Source |
| --- | --- | --- | --- | --- |
| U.S. Supreme Court | Sup. Ct. R. 34.2 | “The table of authorities should not use the ‘passim’ notation, but should instead list every page on which an authority is cited. Page ranges may be used if the authority is cited on every page in the range (e. g., ‘7-10’ instead of ‘7, 8, 9, 10’).” | Prohibited | [2026 Rules (PDF)](https://www.supremecourt.gov/filingandrules/2026RulesoftheCourt_WEB.pdf) |
| U.S. Court of Appeals, D.C. Circuit | D.C. Cir. R. 28(a)(2) | “Even though the marking of ‘principal authorities’ is optional, the table of authorities must identify each page of the brief on which the authority is cited; passim or similar terms may not be used.” | Prohibited | [Circuit Rules, as amended through Dec. 4, 2025 (PDF)](https://www.cadc.uscourts.gov/sites/cadc/files/rules-RulesFRAP20251204.pdf) |
| U.S. Court of Appeals, Tenth Circuit | 10th Cir. R. 28.3(C) | “Use of passim disapproved. The Table of Authorities must not use the "passim" notation, but must instead list every page on which an authority is cited. Page ranges may be used if the authority is cited on every page in the range (e.g., "7-10" instead of "7, 8, 9, 10").” | Prohibited | [2026 FRAP and Local Rules (PDF)](https://www.ca10.uscourts.gov/sites/ca10/files/clerk/2026Rules.pdf) |
| U.S. Court of Appeals, Eleventh Circuit | 11th Cir. R. 28-1(d) | “The Table of Citations should not use the “passim” notation, but should instead list every page on which an authority is cited. Page ranges may be used if the authority is cited on every page in the range (e.g., “7-10” instead of “7, 8, 9, 10”).” | Prohibited | [Rules, Aug. 1, 2026 edition (PDF)](https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules%20Bookmarked.AUG26.pdf) |
| U.S. Court of Appeals, Ninth Circuit | No rule; court's Shell Brief guide | “Identify all pages in brief where the case appears. Avoid use of passim unless the authority appears on nearly every page.” | Discouraged (guidance, not a rule) | [Ninth Circuit Shell Brief (PDF)](https://cdn.ca9.uscourts.gov/datastore/uploads/guides/Shell_Brief.pdf) |
| Oregon Supreme Court and Court of Appeals | ORAP 5.35(3) | “Reference to "passim" or "et seq." in the index of authorities is discouraged.” | Discouraged | [ORAP 2026 (PDF)](https://www.courts.oregon.gov/rules/ORAP/ORAP-2026-FullPermanentTempAmendments.pdf) |
| Federal courts of appeals (baseline) | FRAP 28(a)(3) | No reference to passim; requires “references to the pages of the brief where they are cited.” | Silent | [FRAP 28 (Cornell LII)](https://www.law.cornell.edu/rules/frap/rule_28) |
| U.S. Court of Appeals, First Circuit | 1st Cir. Local Rules (amendments through June 1, 2026) | No reference to passim found. | Silent | [Rulebook (PDF)](https://www.ca1.uscourts.gov/sites/ca1/files/rulebook.pdf) |
| U.S. Court of Appeals, Fourth Circuit | 4th Cir. Local Rules (Mar. 23, 2026) | No reference to passim found. | Silent | [Rules (PDF)](https://www.ca4.uscourts.gov/docs/pdfs/rules.pdf) |
| California Courts of Appeal and Supreme Court | Cal. Rules of Court, rule 8.204(a)(1)(A) | No reference to passim; requires a table of authorities listing cases, constitutions, statutes, court rules and other authorities. | Silent | [Rule 8.204](https://courts.ca.gov/cms/rules/index/eight/rule8_204) |

Two notes on the table. First, the [Ninth Circuit](/ninth-circuit-table-of-authorities)'s [circuit rules](/federal-circuit-table-of-authorities-rules) themselves (December 2025 edition) contain no *passim* provision; the “avoid” language comes from the court's Shell Brief, a [template](/table-of-authorities-template) the court publishes for filers. Second, the Federal Circuit is not listed as prohibiting *passim* because its current rules do not. On July 17, 2026 it published a proposed amendment to Fed. Cir. R. 32(j) that “adds a restriction on the use of passim or any similar term in the table of authorities,” which would take effect December 1, 2026 if adopted ([notice, PDF](https://www.cafc.uscourts.gov/wp-content/uploads/RulesProceduresAndForms/FederalCircuitRules/InitialPublicNotice_2026.pdf)). Check its status before filing there.

## How the bans spread: a short history

- **D.C. Circuit:** its Rule 28(a)(2) barred *passim* before the Supreme Court did. A 2016 amendment made the asterisk marking of principal authorities optional and kept the page-by-page requirement.
- **U.S. Supreme Court:** the ban was added to [Rule 34.2](/supreme-court-table-of-authorities) in revisions adopted December 5, 2022, effective January 1, 2023 ([summary of changes, PDF](https://www.supremecourt.gov/filingandrules/SummaryOfRuleChanges2023.pdf)). The same text is in the current Rules adopted February 17, 2026, effective March 16, 2026.
- **Tenth Circuit:** Rule 28.3 used to say *passim* was “discouraged.” The court's memo on its proposed 2024 revisions noted that *passim* “is used relatively frequently” and proposed adopting the Supreme Court's language ([memo, PDF](https://www.ca10.uscourts.gov/sites/ca10/files/clerk/Summary%20of%20Proposed%202024%20Revisions%20to%20Tenth%20Circuit%20Rules.pdf)). The 2026 rules carry the prohibition.
- **[Eleventh Circuit](/eleventh-circuit-table-of-authorities):** Rule 28-1 now uses the Supreme Court's wording for its “Table of Citations,” which must also mark with asterisks the citations the party primarily relies on.

## The alternative: every page, with ranges only for consecutive pages

Where *passim* is barred, the rule is simple: list every page on which the authority is cited. The only compression allowed is a range, and only when the authority appears on every page inside it. If a case is cited on pages 7, 8, 9 and 10, write “7-10.” If it is cited on 7, 8 and 10, write “7, 8, 10”; “7-10” would claim a citation on page 9 that is not there. Count short forms, *Id.* and *supra* references when you decide whether a page is covered, because they are citations to the same authority.

**The same entry under different rules**

| Pages where the case is cited | Where passim is allowed (five-page threshold) | Supreme Court, D.C., 10th and 11th Circuits |
| --- | --- | --- |
| 3, 5, 9 | 3, 5, 9 | 3, 5, 9 |
| 7, 8, 9, 10 | 7-10 (four pages, below the five-page threshold) | 7-10 |
| 2, 4, 6, 8, 11, 15 | *passim* | 2, 4, 6, 8, 11, 15 |
| 2, 3, 4, 5, 6, 12 | *passim* | 2-6, 12 |

## How to decide whether to use passim

- **Check the court's rule first.** If the rule prohibits it, the question is closed. Look at the circuit or state rule on brief contents and any practice guide or sample brief the clerk publishes.
- **If the rule discourages it**, treat that as a no unless the authority really is on nearly every page, which is the Ninth Circuit's stated exception.
- **If the rule is silent**, ask whether the page list would help the reader. A list of seven pages fits on one line and tells the judge where to look; *passim* does not.
- **Be consistent.** If you use a threshold, apply it to every authority in the table, not only to the ones that make the table look long.
- **Never use it to hide a gap.** *Passim* is not a fix for an incomplete page count; compile the pages first, then decide.

## How tools handle passim

**Microsoft Word (Windows).** The Insert Table of Authorities dialog has a “Use passim” checkbox. Microsoft's documentation for the underlying TOA field says the setting replaces the page list when there are “five or more page references to the same authority” ([Microsoft Learn](https://learn.microsoft.com/en-us/office/vba/api/word.tableofauthorities.passim)). Before filing in a court that bars *passim*, open the dialog, clear the box and rebuild the table, or check that the TOA field has no \p switch. Microsoft states that Tables of Authorities “aren't supported in [Word for Mac](/word-for-mac-table-of-authorities) or Word for the web” ([Microsoft Support](https://support.microsoft.com/en-us/word/create-a-table-of-authorities)), although some Mac builds still show a legacy dialog with the same checkbox.

**Other tools.** [BriefMark](/briefmark-alternative), a browser tool that marks Word .docx files, shows sample output on its site with “passim applied automatically” to one statute entry, as published. Whatever tool you use, the setting is only as good as the rule you apply: confirm the court's rule and look at the finished table before filing.

> **Common mistake:** leaving Word's “Use passim” box checked for a Supreme Court, D.C. Circuit, Tenth Circuit or Eleventh Circuit brief. **Correct approach:** clear the box, rebuild the table, and use ranges only where the authority is cited on every page in the range.

> **Where BriefAuthority fits:** [BriefAuthority](/table-of-authorities-generator) is in development and not yet available. It is designed to build a TOA from your [final PDF](/table-of-authorities-from-pdf), list every page, compress only true consecutive ranges, and apply *passim* only when you turn it on for a court that allows it. Planned price: free for a brief with up to 8 authorities, $19 per brief, or $149 a year. Specification as designed; confirmed at launch. [Join early access](/early-access).

## Frequently asked

**What does passim mean in a table of authorities?**

It means the authority is cited “throughout” or “here and there” in the brief, so the page numbers are replaced with the single word *passim*. Many courts now prefer, or require, the actual page numbers.

**Can I use passim in a U.S. Supreme Court brief?**

No. Rule 34.2 says the table of authorities “should not use the ‘passim’ notation” and must list every page on which an authority is cited. Ranges such as “7-10” are allowed only if the authority is cited on every page in the range. The sentence has been in the rule since January 1, 2023 and remains in the Rules effective March 16, 2026.

**Which federal circuits prohibit passim?**

As of 2026-09-24, the D.C. Circuit (Rule 28(a)(2)), the Tenth Circuit (Rule 28.3(C)) and the Eleventh Circuit (Rule 28-1(d)) prohibit it by rule. The Ninth Circuit'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.

**How many citations trigger passim in Word?**

Five. Microsoft's documentation says the passim setting replaces the page list when there are five or more page references to the same authority. It is a checkbox in the Insert Table of Authorities dialog and the \p switch in the TOA field code.

**Is passim allowed if the court's rules don't mention it?**

A silent rule does not forbid it, but it does not endorse it either. Many practitioners list the pages anyway because it helps the judge. If you use it, apply the same threshold to every authority.

**Can I write a page range instead of passim?**

Yes, but only for consecutive pages on which the authority actually appears. Cited on 7, 8, 9 and 10: write “7-10.” Cited on 7, 8 and 10: write “7, 8, 10.”

**Keep reading**

- [Table of Authorities rules](/table-of-authorities-rules) — FRAP 28, Supreme Court Rules 24 and 34.2, category order.
- [Supreme Court table of authorities](/supreme-court-table-of-authorities) — Rule 34.2 requirements in one place.
- [Id. and supra in a table of authorities](/id-supra-table-of-authorities) — Which pages short forms add to an entry.
- [Table of authorities by state](/table-of-authorities-by-state) — State appellate rules on TOA contents.
- [Word for Mac and the table of authorities](/word-for-mac-table-of-authorities) — What Word for Mac does and does not support.
- [Table of authorities for paralegals on deadline](/table-of-authorities-for-paralegals)
- [Federal circuit rules (all 13 courts)](/federal-circuit-table-of-authorities-rules)
- [Eleventh Circuit](/eleventh-circuit-table-of-authorities)

**Sources**

- [Supreme Court of the United States — Rules of the Court, adopted Feb. 17, 2026, effective Mar. 16, 2026 (PDF)](https://www.supremecourt.gov/filingandrules/2026RulesoftheCourt_WEB.pdf)
- [Supreme Court of the United States — Revisions to Rules, effective Jan. 1, 2023, with Clerk's comments (PDF)](https://www.supremecourt.gov/filingandrules/SummaryOfRuleChanges2023.pdf)
- [D.C. Circuit — Circuit Rules, as amended through Dec. 4, 2025 (PDF)](https://www.cadc.uscourts.gov/sites/cadc/files/rules-RulesFRAP20251204.pdf)
- [Tenth Circuit — 2026 FRAP and Local Rules (PDF)](https://www.ca10.uscourts.gov/sites/ca10/files/clerk/2026Rules.pdf)
- [Tenth Circuit — Summary of Proposed 2024 Revisions (PDF)](https://www.ca10.uscourts.gov/sites/ca10/files/clerk/Summary%20of%20Proposed%202024%20Revisions%20to%20Tenth%20Circuit%20Rules.pdf)
- [Eleventh Circuit — Rules, Aug. 1, 2026 edition (PDF)](https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules%20Bookmarked.AUG26.pdf)
- [Ninth Circuit — Shell Brief (PDF)](https://cdn.ca9.uscourts.gov/datastore/uploads/guides/Shell_Brief.pdf)
- [Ninth Circuit — FRAP and Circuit Rules, Dec. 2025 (PDF)](https://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf)
- [Oregon Rules of Appellate Procedure, 2026 (PDF)](https://www.courts.oregon.gov/rules/ORAP/ORAP-2026-FullPermanentTempAmendments.pdf)
- [Federal Circuit — Notice of Proposed Amendments, July 17, 2026 (PDF)](https://www.cafc.uscourts.gov/wp-content/uploads/RulesProceduresAndForms/FederalCircuitRules/InitialPublicNotice_2026.pdf)
- [Cornell LII — FRAP 28](https://www.law.cornell.edu/rules/frap/rule_28)
- [California Rules of Court, rule 8.204](https://courts.ca.gov/cms/rules/index/eight/rule8_204)
- [Microsoft Learn — TableOfAuthorities.Passim property](https://learn.microsoft.com/en-us/office/vba/api/word.tableofauthorities.passim)
- [Microsoft Support — Create a table of authorities](https://support.microsoft.com/en-us/word/create-a-table-of-authorities)