# Second Circuit Table of Authorities: FRAP 28 and Local Rule 32.1

> Second Circuit table of authorities: FRAP 28(a)(3) governs, Local Rule 32.1 page numbering and PDF page labels, 14,000 words, summary order citations.

*Updated: 2026-09-24*

**The short answer:** The Second Circuit has no local rule on the table of authorities itself. FRAP 28(a)(3) governs: a table listing “cases (alphabetically arranged), statutes, and other authorities” with “references to the pages of the brief where they are cited,” required in principal and reply briefs. Local Rule 28.1 deals with form and the statement of the case, not the table. The Second Circuit's rules are silent on *passim* and have no asterisk convention. Two local rules still shape the table. Under Local Rule 32.1(a)(3), brief pages “must contain sequential numbering,” and the filer must set the PDF's page field to match, so the page references in your table should line up with what a judge types into the PDF. Under Local Rule 32.1.1(c), a summary order must be cited to the Federal Appendix or an electronic database “with the notation ‘summary order.’” The table does not count toward the 14,000-word limit (FRAP 32(f); L.R. 32.1(a)(4)). General formatting guidance, not legal advice. Last verified: 2026-09-24.

**Fast facts**

- Governing rule: FRAP 28(a)(3) (principal brief) and 28(c) (reply brief). No Second Circuit local rule adds to the table's contents.
- *Passim*: silent (no reference in the Local Rules and IOPs effective December 2, 2024).
- Asterisks: no convention in the rules.
- Page numbering: “The pages of a brief must contain sequential numbering,” and the PDF must “recognize the Filing User's sequential numbering scheme in the PDF's page search field” (L.R. 32.1(a)(3)).
- Word limits: 14,000 words for a principal brief, 7,000 for a reply (L.R. 32.1(a)(4)); cross-appeal limits in L.R. 28.1.1. FRAP 32(f) excludes the tables.
- Electronic filing: “A PDF must be text-searchable” (L.R. 25.1(e)).
- Summary orders: citable if issued on or after January 1, 2007; cite the Federal Appendix or an electronic database with “(summary order)” (L.R. 32.1.1(b)-(c)).
- Last verified: 2026-09-24 against the Second Circuit's Local Rules and IOPs and the court's rule pages.

## What governs the table in the Second Circuit

> “(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))

> “(3) Sequential Numbering. The pages of a brief must contain sequential numbering. A Filing User must adjust the PDF of the brief to recognize the Filing User's sequential numbering scheme in the PDF's page search field.” (2d Cir. L.R. 32.1(a)(3))

The rule does not say roman numerals are forbidden. It says the numbers printed on the pages must run in sequence and that the PDF's page labels must be set to that scheme. If the tables are numbered i-iv and the argument starts at 1, the PDF's page labels should read i-iv and then 1 onward, so that page 12 in your table of authorities opens page 12 of the brief. A table built from an earlier draft, or from Word's page count rather than the printed numbers, is where references drift.

**Second Circuit rules that touch the table of authorities**

| Rule | What it says | Effect on the TOA |
| --- | --- | --- |
| FRAP 28(a)(3), (c) | Table of authorities with page references, principal and reply briefs | Required |
| 2d Cir. L.R. 28.1 | Brief must be concise and logically arranged; statement of the case must identify the judge and cite the decision below | No change to the table |
| 2d Cir. L.R. 32.1(a)(3) | Sequential page numbering; PDF page field must match | Table page references must match printed and PDF page numbers |
| 2d Cir. L.R. 32.1(a)(4) | 14,000 words principal, 7,000 reply | Tables excluded under FRAP 32(f) |
| 2d Cir. L.R. 28.1.1 | Cross-appeals: 14,000 / 16,500 / 7,000 words | Tables excluded |
| 2d Cir. L.R. 25.1(e) | PDF must be text-searchable | Do not file a scanned image of the table |
| 2d Cir. L.R. 32.1.1(c) | Cite a summary order to F. App'x or an electronic database with “(summary order)” | Carry the notation into the table entry |

## Example Second Circuit table of authorities

A conventional layout under [FRAP 28(a)(3)](/table-of-authorities-rules). The authorities are real; the [page numbers](/table-of-authorities-page-numbers) are illustrative. For a summary order, the entry takes the form the rule prescribes: *Party v. Party*, No. [docket], [database cite] (2d Cir. [date]) (summary order).

**Example entries**

| Entry | Page(s) |
| --- | --- |
| **Cases** |  |
| *Arista Records, LLC v. Doe 3*, 604 F.3d 110 (2d Cir. 2010) | 8, 12-13 |
| *Ashcroft v. Iqbal*, 556 U.S. 662 (2009) | 7, 12 |
| *Harris v. Mills*, 572 F.3d 66 (2d Cir. 2009) | 9 |
| **Statutes** |  |
| 28 U.S.C. § 1291 | 1 |
| **Rules** |  |
| Fed. R. Civ. P. 12(b)(6) | 3, 7 |

## Pro se appellants

We found no informal brief form on the Second Circuit's site of the kind the [Ninth Circuit](/ninth-circuit-table-of-authorities) offers. The court's guide *How to Appeal as a Pro Se Party* (rev. 08-22) says the court's instructions “explain how to file the scheduling notification, prepare the brief and appendix, and file the documents with the Court” ([PDF](https://www.ca2.uscourts.gov/clerk/case_filing/appealing_a_case/pdf/How%20to%20Appeal%20as%20a%20Pro%20Se%20Party.pdf)). FRAP 28 applies to a pro se brief, so plan on a table of authorities. See [table of authorities for pro se appellants](/table-of-authorities-pro-se-appellant).

> **Common mistake:** numbering the front matter i-iv on the page but leaving the PDF's page labels as 1-4, so page references in the table open the wrong page. **Correct approach:** set the PDF's page labels to the printed scheme, as Local Rule 32.1(a)(3) requires, and build the table from the final pages.

> **Where BriefAuthority fits:** [BriefAuthority](/table-of-authorities-generator) is in development (early access). It is designed to take page references from the printed page numbers in your [final PDF](/table-of-authorities-from-pdf), including roman-numeral front matter. Specification as designed; confirmed at launch.

## Frequently asked

**Does the Second Circuit have its own rule on the table of authorities?**

No. FRAP 28(a)(3) governs. Local Rule 28.1 covers the brief's form and the statement of the case, and Local Rule 32.1 covers form, numbering and word limits, but neither adds requirements to the table itself.

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

The Second Circuit's Local Rules and IOPs (effective December 2, 2024) do not mention [passim](/passim-table-of-authorities). That is silence, not permission; listing every page is the safer practice and is what the Supreme Court, D.C., Tenth and Eleventh Circuits require.

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

No. Asterisks are a [D.C. Circuit](/federal-circuit-table-of-authorities-rules) (optional) and [Eleventh Circuit](/eleventh-circuit-table-of-authorities) (required) convention. The Second Circuit's rules do not mention them.

**What is the Second Circuit's word limit, and does the table count?**

A principal brief may contain up to 14,000 words and a reply 7,000 (Local Rule 32.1(a)(4)), more than FRAP's 13,000 and 6,500. The table of authorities is excluded under FRAP 32(f).

**How do I list a Second Circuit summary order in the table?**

Cite it to the Federal Appendix or an electronic database with the notation “summary order” (Local Rule 32.1.1(c)), and use the same citation in the table. Summary orders issued before January 1, 2007 may be cited only in the limited situations in Local Rule 32.1.1(b)(2).

Last verified: 2026-09-24, from the Second Circuit's Local Rules and IOPs PDF (effective December 2, 2024) and the court's rule pages for FRAP 28, Local Rule 28.1 and Local Rule 32.1. 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.
- [Ninth Circuit table of authorities](/ninth-circuit-table-of-authorities) — Circuit Rule 28-1, the Shell Brief and the passim caution.
- [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)
- [Second Circuit — Local Rules and Internal Operating Procedures, effective Dec. 2, 2024 (PDF)](https://www.ca2.uscourts.gov/clerk/case_filing/rules/pdf/LRs_IOCs_appendices_rev_2024.pdf)
- [Second Circuit — Local Rule 28.1. Briefs](https://www.ca2.uscourts.gov/clerk/case_filing/rules/title7/local_rule_28_1.html)
- [Second Circuit — Local Rule 32.1. Form of Brief and Appendix](https://www.ca2.uscourts.gov/clerk/case_filing/rules/title7/local_rule_32_1.html)
- [Second Circuit — How to Appeal as a Pro Se Party (rev. 08-22, PDF)](https://www.ca2.uscourts.gov/clerk/case_filing/appealing_a_case/pdf/How%20to%20Appeal%20as%20a%20Pro%20Se%20Party.pdf)