# Table of Authorities Order: Categories, Alphabetizing

> Table of authorities order: which categories come first, how to alphabetize In re, Ex parte, United States v. and State v. cases, and how to sort statutes.

*Updated: 2026-09-24*

**The short answer:** Cases come first, alphabetized by the case name exactly as cited; then constitutional provisions, statutes, rules and regulations, and other authorities. U.S. Supreme Court Rule 34.2 lists the categories as “cases alphabetically arranged, constitutional provisions, statutes, treatises, and other materials.” Statutes are sorted by title, then section, in numerical order. Beyond “cases alphabetically,” most rules do not fix an order, so follow your court's rule if it has one and apply a single convention consistently if it does not.

This page shows the rule sources, a default category order, worked alphabetizing examples for the tricky case names, and a checklist. It is formatting guidance, not legal advice.

*Last verified: 2026-09-24.*

**Fast facts**

- FRAP 28(a)(3) names “cases (alphabetically arranged), statutes, and other authorities” and says nothing more about order.
- Supreme Court Rule 34.2 names five categories in this sequence: cases, constitutional provisions, statutes, treatises, other materials.
- California rule 8.204(a)(1)(A) requires a table “separately listing cases, constitutions, statutes, court rules, and other authorities cited.”
- Texas Rule 38.1(c) requires an index of authorities “arranged alphabetically”; Florida Rule 9.210(b)(2) requires “cases listed alphabetically, statutes and other authorities.”
- Sort cases by the name as it appears in the citation: *In re Gault* under I unless your office files it under G.
- Sort statute sections as numbers, not text: 18 U.S.C. § 922 comes before 18 U.S.C. § 1291.
- Federal before state is the usual convention for constitutions, statutes and rules; it is a convention, not a federal rule.

## What the rules say about order

| Rule | Categories named | Order it fixes |
| --- | --- | --- |
| FRAP 28(a)(3) | Cases, statutes, other authorities | Only that cases are alphabetical |
| Sup. Ct. R. 34.2 | Cases, constitutional provisions, statutes, treatises, other materials | Lists them in that sequence; cases alphabetical |
| Cal. Rules of Court, rule 8.204(a)(1)(A) | Cases, constitutions, statutes, court rules, other authorities | Each category listed separately |
| Tex. R. App. P. 38.1(c) | None named | “Arranged alphabetically” |
| Fla. R. App. P. 9.210(b)(2) | Cases, statutes, other authorities | Cases alphabetical |
| C.D. Cal. L.R. 11-8 | Cases, statutes, rules, other authorities | None beyond the list |
| Ill. S. Ct. R. 341(h)(1) | Authorities under each argument heading | Follows the Argument, not categories |

[Illinois](/illinois-points-and-authorities) is the outlier: its “Points and Authorities” lists authorities under each point heading in the order of the Argument, so the category order below does not apply there. See [what is a table of authorities](/what-is-a-table-of-authorities) for how that format differs.

## A default category order

| # | Category | Common alternatives |
| --- | --- | --- |
| 1 | Cases | Some state briefs split into Federal Cases and State Cases, or by jurisdiction. |
| 2 | Constitutional Provisions | Some offices put these first, ahead of cases, to reflect the hierarchy of law. |
| 3 | Statutes | Federal, then state; some add a separate Session Laws heading. |
| 4 | Regulations | Often folded into Statutes or listed under Other Authorities. |
| 5 | Rules | Court rules; sometimes combined with Regulations as “Rules and Regulations.” |
| 6 | Other Authorities | Treatises, law review articles, legislative materials, dictionaries; some split Legislative Materials out. |

## How to alphabetize cases

Three decisions cover almost every case list. **First, sort by the case name as it appears in the citation**, including abbreviations such as FCC or NLRB, and ignore italics and punctuation. **Second, choose letter-by-letter or word-by-word sorting.** Letter-by-letter ignores spaces, so *Newman* comes before *[New York](/new-york-table-of-authorities) Times*; word-by-word treats the space as coming first, so *New York Times* comes before *Newman*. A plain character sort, which is what most software uses, behaves word-by-word because a space sorts before any letter. **Third, decide how to handle procedural phrases** such as *In re* and *Ex parte*: sort them as written (under I and E), which is what automated sorting does, or file them under the party or subject name. Either is defensible. Mixing them in one table is not.

**Worked examples (real cases)**

| Case as cited | Sorts under | Why |
| --- | --- | --- |
| *44 Liquormart, Inc. v. Rhode Island*, 517 U.S. 484 (1996) | Top of the list | Numerals usually sort before letters; some offices sort it as if spelled out (“Forty-four”). |
| *Commissioner v. Glenshaw Glass Co.*, 348 U.S. 426 (1955) | C | The government party as named in the caption. |
| *Estate of Thornton v. Caldor, Inc.*, 472 U.S. 703 (1985) | E | Sort as cited; do not move it to T. |
| *Ex parte Young*, 209 U.S. 123 (1908) | E (or Y) | As written under E, or under Young if your office files procedural phrases by name. |
| *FCC v. Fox Television Stations, Inc.*, 556 U.S. 502 (2009) | F | Agency abbreviations sort by their letters, not the spelled-out name. |
| *In re Gault*, 387 U.S. 1 (1967) | I (or G) | Same choice as *Ex parte*; apply it to every one-party name. |
| *Mapp v. Ohio*, 367 U.S. 643 (1961) | Ma | “Mapp” before “Marbury” before “McCulloch”: in most tables *Mc* is sorted as spelled, not as “Mac.” |
| *New York Times Co. v. Sullivan*, 376 U.S. 254 (1964) | N | Before *Newman* word-by-word; after it letter-by-letter. |
| *NLRB v. Jones & Laughlin Steel Corp.*, 301 U.S. 1 (1937) | N | By its letters: N-L-R-B. |
| *State v. Henderson*, 208 N.J. 208 (2011) | S | All *State v.* cases cluster under S and sort by the second party. |
| *United States v. Lopez*, 514 U.S. 549 (1995) | U | All *United States v.* cases cluster under U and sort by the second party. |

In a federal criminal brief, *United States v.* entries can fill half the case list. Leave them under U; do not re-sort them by defendant name elsewhere in the alphabet. The same applies to *State v.* and *People v.* in state briefs, and to *Commonwealth v.* where that caption is used.

## Federal and state cases: one list or two?

[FRAP 28(a)(3)](/table-of-authorities-rules) asks only for cases “alphabetically arranged,” and a single combined list is the most common choice in federal courts. Some state courts and many offices split cases into Federal Cases and State Cases, or list [each state](/table-of-authorities-by-state) separately, which helps when the brief leans on one state's law. Neither federal rule requires the split. Check the court's rule and recent briefs from its own docket, then keep the same structure for every brief in the case.

## Statutes and regulations

The common convention is federal before state, and within each code by title, then section, in numerical order. Sort sections as numbers. A text sort puts § 1291 ahead of § 922 because “1” comes before “9”; the correct order is § 922, § 924, § 1291. Subsections follow their section: § 922(g) before § 922(o). State statutes are usually grouped by state, alphabetically by state name, then by code and section. Uncodified session laws and public laws often come after the codified statutes. Regulations follow the same pattern by C.F.R. title, part and section. The convention varies; some courts and offices list state provisions first in a state appeal.

**Example statute and regulation order**

| Order | Entry |
| --- | --- |
| 1 | 18 U.S.C. § 922(g) |
| 2 | 18 U.S.C. § 924(e) |
| 3 | 28 U.S.C. § 1291 |
| 4 | 28 U.S.C. § 1331 |
| 5 | 42 U.S.C. § 1983 |
| 6 | Cal. Penal Code § 1538.5 |
| 7 | Tex. Penal Code § 22.01 |
| 8 | 29 C.F.R. § 1604.11 (under Regulations, if listed separately) |

## Constitutional provisions

List the U.S. Constitution before state constitutions. Within the U.S. Constitution, articles usually come before amendments, each in ascending order, then section and clause: U.S. Const. art. I, § 8, cl. 3; U.S. Const. art. III, § 2; U.S. Const. amend. IV; U.S. Const. amend. XIV, § 1. State constitutions follow, grouped by state, in the same article-then-section pattern, for example Cal. Const. art. I, § 13. Remember the category's position varies: [Rule 34.2](/supreme-court-table-of-authorities) puts it after cases; some offices put it first.

## Rules and other authorities

- **Court rules:** group by rule set, then rule number. A common federal sequence is Fed. R. App. P., Fed. R. Civ. P., Fed. R. Crim. P., Fed. R. Evid., then Supreme Court and circuit or local rules, then state rules. Some offices alphabetize the rule-set names instead; either works if consistent.
- **Treatises and books:** alphabetical by author's last name, or by title when there is no author.
- **Law review articles:** alphabetical by author's last name.
- **Legislative materials** (committee reports, hearings): often a separate subheading, ordered by chamber and report number or by date.
- **Dictionaries and websites:** by title, alphabetically, within Other Authorities.

## Order of page references

Within each entry, [page numbers](/table-of-authorities-page-numbers) run in ascending order, separated by commas. Use a range such as 7-10 only when the authority appears on every page in the range, which is the Supreme Court's standard in Rule 34.2. Where your court allows it, many offices switch to [passim](/passim-table-of-authorities) at five or more page references. That threshold comes from Microsoft Word's built-in "Use passim" option. The U.S. Supreme Court's Rule 34.2 says a table of authorities should not use passim (added in the 2023 rules and kept in the rules effective March 16, 2026), and the D.C., Tenth and Eleventh Circuits bar it too (D.C. Cir. R. 28(a)(2); 10th Cir. R. 28.3(C); 11th Cir. R. 28-1(d)). Follow your court's rule. For how short forms and *Id.* feed into these numbers, see [Id. and supra in a table of authorities](/id-supra-table-of-authorities).

**Ordering checklist**

| Check | What to look for |
| --- | --- |
| Court rule | Does the rule name categories or an order (Sup. Ct. R. 34.2, Cal. rule 8.204, Ill. R. 341(h)(1))? |
| Category sequence | Cases first; the rest in the court's order or one hierarchy applied throughout. |
| Case sorting | Letter-by-letter or word-by-word, chosen once; numerals placed consistently. |
| Procedural phrases | *In re* and *Ex parte* all under I and E, or all under the party name. |
| Government parties | *United States v.*, *State v.*, *People v.* kept together under their first word. |
| Agencies | Sorted by the abbreviation as cited (FCC, NLRB). |
| Statutes | Federal, then state; title, then section, sorted numerically. |
| Constitutions | U.S. before state; articles before amendments. |
| Page references | Ascending; ranges only for consecutive pages; *passim* only if allowed. |
| Final pass | Built from the final paginated brief; five random entries spot-checked. |

> **Where BriefAuthority fits:** [BriefAuthority](/table-of-authorities-generator) is a free browser app that reads your final PDF, sorts authorities into categories, and lets you re-categorise and adjust entries on a [review screen](/how-it-works) before exporting a .docx table. The brief is not uploaded. [Build the table from your PDF](/table-of-authorities-generator): free, no account.

## Frequently asked

**What order do categories go in on a table of authorities?**

Cases first. Supreme Court Rule 34.2 then lists constitutional provisions, statutes, treatises and other materials. Many offices use cases, constitutional provisions, statutes, regulations, rules, other authorities. Follow your court's rule if it names an order.

**How do you alphabetize In re cases in a table of authorities?**

Either under I, as written, or under the party or subject name (*In re Gault* under G). No federal rule picks one. Choose one convention and apply it to every *In re* and *Ex parte* case in the table.

**Where does United States v. go in a table of authorities?**

Under U, with all other *United States v.* cases, sorted by the second party's name. *State v.* and *People v.* cases work the same way under S and P.

**Are statutes listed alphabetically or numerically?**

Numerically: by title, then section, with sections sorted as numbers (§ 922 before § 1291). Federal statutes usually come before state statutes, but some state briefs reverse that.

**Should federal and state cases be listed separately?**

Only if your court or office prefers it. FRAP 28(a)(3) asks for cases alphabetically arranged, and one combined list is common. Some state courts and firms split them into Federal Cases and State Cases.

**Do constitutional provisions go before or after cases?**

Supreme Court Rule 34.2 lists them after cases. Many offices put them first to reflect the hierarchy of law. Use your court's order; otherwise pick one and stay consistent.

**Keep reading**

- [What is a table of authorities?](/what-is-a-table-of-authorities): Definition, names by court and examples.
- [Table of authorities rules](/table-of-authorities-rules): FRAP 28, Supreme Court Rules 24 and 34.2.
- [Passim in a table of authorities](/passim-table-of-authorities): When it is allowed and when it is barred.
- [Id. and supra in a table of authorities](/id-supra-table-of-authorities): Which entry gets the page.
- [Supreme Court table of authorities](/supreme-court-table-of-authorities): Rule 34.2 in practice.
- [Table of authorities rules by state](/table-of-authorities-by-state): State names, formats and orders.

**Sources**

- [Cornell LII: Federal Rules of Appellate Procedure, Rule 28. Briefs](https://www.law.cornell.edu/rules/frap/rule_28)
- [Supreme Court of the United States: Rules of the Court (effective March 16, 2026, PDF)](https://www.supremecourt.gov/filingandrules/2026RulesoftheCourt_WEB.pdf)
- [California Rules of Court, rule 8.204](https://courts.ca.gov/cms/rules/index/eight/rule8_204)
- [Texas Rules of Appellate Procedure (Texas Judicial Branch, PDF)](https://www.txcourts.gov/media/1457526/texas-rules-of-appellate-procedure.pdf)
- [Florida Rules of Appellate Procedure, July 1, 2026 (The Florida Bar, PDF)](https://www-media.floridabar.org/uploads/2026/06/Appellate-Court-Rules-07-01-26.pdf)
- [Illinois Supreme Court Rule 341. Briefs (PDF)](https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/472b82fb-b6bb-4da0-a8e4-a10c5f65afd6/Rule%20341.pdf)
- [U.S. District Court, C.D. Cal.: Local Rules](https://www.cacd.uscourts.gov/court-procedures/local-rules)
- [Microsoft Support: Create a table of authorities](https://support.microsoft.com/en-us/word/create-a-table-of-authorities)
