# Table of Authorities Rules: Order, Passim, Id. and Supra

> Table of authorities rules: FRAP 28(a)(3), Supreme Court Rules 24 and 34.2, category order, how Id. and supra are indexed, when passim is allowed.

*Updated: 2026-09-24*

**The short answer:** A table of authorities (TOA) lists every authority cited in a brief, grouped by type, with the brief pages where each is cited. Federal Rule of Appellate Procedure 28(a)(3) requires “cases (alphabetically arranged), statutes, and other authorities” with page references, and U.S. Supreme Court Rule 34.2 adds constitutional provisions and treatises and says the table “should not use the ‘passim’ notation.” Cases go alphabetically; statutes go by title and section; *Id.* and short forms are not listed separately, their pages are added to the full citation's entry. Beyond that, category order, *passim* thresholds and typography vary by court and firm, so the local rules of your court always win. This page explains the common conventions and ends with a worked example and a checklist. It is general formatting guidance, not legal advice.

**Fast facts**

- FRAP 28(a)(3): the appellant's brief must contain “a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited.”
- Supreme Court Rule 24.1(c): a merits brief that exceeds 1,500 words must include a table of contents and a table of cited authorities.
- Supreme Court Rule 34.2 lists the categories as “cases alphabetically arranged, constitutional provisions, statutes, treatises, and other materials,” bans *passim*, and allows page ranges only when the authority is cited on every page in the range (“7-10”).
- The current Supreme Court Rules were adopted February 17, 2026 and took effect March 16, 2026.
- *Id.* never gets its own entry. The page where *Id.* appears is credited to the authority it refers to.
- Page references are to the brief's own page numbers as filed, not to pin cites in the reporter.
- Where *passim* is allowed, a common firm convention is to use it once an authority appears on about five or more pages; it is a convention, not a federal rule.

## What the rules actually require

Two national rules set the baseline, and most state and circuit rules follow a similar pattern. In the federal courts of appeals, FRAP 28(a) lists the required contents of the appellant's brief in order, and item (3) is the TOA. FRAP 28(b) applies the same requirement to the appellee's brief. The rule fixes only three things: cases are alphabetical, statutes and other authorities are included, and every entry carries page references to the brief.

> “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’).” (Rules of the Supreme Court of the United States, Rule 34.2)

**Where the TOA requirement comes from**

| Rule | What it requires | Passim |
| --- | --- | --- |
| FRAP 28(a)(3) | Cases (alphabetical), statutes, other authorities, with brief page references | Not addressed |
| FRAP 28(b) | Same TOA requirement for the appellee's brief | Not addressed |
| Supreme Court Rule 24.1(c) | TOC and table of cited authorities if the merits brief exceeds 1,500 words | See Rule 34.2 |
| Supreme Court Rule 34.2 | Cases alphabetical, constitutional provisions, statutes, treatises, other materials, with page references; applies to documents over 1,500 words (booklet) or five pages (8½ × 11) | Not to be used; list every page, ranges allowed only for consecutive pages |
| Circuit and state local rules | Often add categories, headings or ordering; some specify typography | Varies; check before relying on it |

## Categories and ordering

Cases almost always come first. After that, practice varies. The Supreme Court's list puts constitutional provisions second, then statutes, then treatises and other materials. Many firms instead put constitutional provisions first, reflecting the hierarchy of law, and many state courts publish their own order. Pick the order your court's rule names; if it names none, use a consistent hierarchy and do not mix categories.

**Common categories and how entries are ordered inside each**

| Category | Typical ordering within the category | Notes |
| --- | --- | --- |
| Cases | Alphabetical by the case name as cited | Required by FRAP 28(a)(3). Conventions for “In re,” “Ex parte” and “United States v.” differ; follow your style guide and be consistent. |
| Constitutional provisions | Federal before state; then by article or amendment and section | First or second, depending on the court and firm. |
| Statutes | Federal before state; by title, then section in numerical order | 28 U.S.C. § 1291 comes before 28 U.S.C. § 1331, which comes before 42 U.S.C. § 1983. |
| Regulations | By title, then part and section | Some briefs fold these into statutes or other authorities. |
| Court rules | By rule set, then rule number | For example, Fed. R. App. P. before Fed. R. Civ. P., or as your court prefers. |
| Other authorities | Alphabetical by author or title | Treatises, law review articles, legislative history, dictionaries. |

## How short forms, Id. and supra are indexed

Each authority gets one entry, written as its full citation. Every later reference to it, in any form, adds a page to that one entry. A short form such as *Celotex*, 477 U.S. at 325 is credited to *Celotex Corp. v. Catrett*. *Id.* refers to the immediately preceding authority, so its page goes to that authority; *Id.* is never an entry of its own. *Supra* is used mainly for secondary sources in briefs (Bluebook practice discourages it for cases and statutes), and its page is credited to the source it points back to. References by case name alone, such as “as *Celotex* explains,” are where manual and automated tables most often miss pages; most practitioners count them, but follow your firm's style.

**Worked mapping: what appears in the brief, and which entry gets the page**

| Brief page | Text in the brief | Page is credited to |
| --- | --- | --- |
| 6 | *Celotex Corp. v. Catrett*, 477 U.S. 317, 322 (1986). | *Celotex Corp. v. Catrett*: 6 |
| 7 | *Id.* at 323. | *Celotex Corp. v. Catrett*: 7 |
| 7 | Fed. R. Civ. P. 56(a). | Fed. R. Civ. P. 56(a): 7 |
| 8 | *Celotex*, 477 U.S. at 325. | *Celotex Corp. v. Catrett*: 8 |
| 12 | As *Celotex* explains, the movant need not negate the claim. | *Celotex Corp. v. Catrett*: 12 |
| 12 | *See* Wright & Miller, *supra*, § 2727. | Wright & Miller, Federal Practice and Procedure § 2727: 12 |

## When passim is used, and when it is not

*Passim* (“here and there throughout”) replaces a long page list for an authority cited all over the brief. There is no federal appellate rule setting a threshold. A common firm convention is five or more pages; others use it only when an authority is cited on “numerous” pages or on most pages of the argument. The U.S. Supreme Court does not allow it at all: Rule 34.2 requires every page, with ranges only for consecutive pages. Some other courts and judges discourage it because it forces the reader to hunt. If your rules are silent, list pages unless the list would be genuinely unhelpful, and apply the same threshold to every authority.

## Formatting conventions

- **Dot leaders** run from the end of each citation to the page numbers, which are right-aligned. In Word this is a right tab stop with a dot leader, not typed periods.
- **Case names** are italicized or underlined to match the body of the brief. Do not mix the two.
- **Hanging indent** for citations that wrap to a second line, so the page numbers stay clear.
- **Category headings** (Cases, Constitutional Provisions, Statutes, Rules, Other Authorities), usually bold or small caps, in the order your court requires.
- **Full citation** in each entry, including reporter, volume, first page, court where needed, and year. Pin cites generally stay out of the entry.
- **Page numbers** are the brief's printed page numbers. The TOA itself sits in the front matter, usually numbered in roman numerals, and its pages are not indexed.
- **Subsequent history** (aff'd, cert. denied) is included if the body cites it that way.

## A worked example

**TABLE OF AUTHORITIES (example; page numbers are from a hypothetical 20-page brief)**

| Authority | Page(s) |
| --- | --- |
| **Cases** |  |
| *Anders v. California*, 386 U.S. 738 (1967) | 4, 9 |
| *Celotex Corp. v. Catrett*, 477 U.S. 317 (1986) | 6-8, 12 |
| *Loper Bright Enterprises v. Raimondo*, 603 U.S. 369 (2024) | 3, 10, 14 |
| *Strickland v. Washington*, 466 U.S. 668 (1984) | 2, 5, 9, 11, 13, 15, 17 (or *passim*, where allowed) |
| **Constitutional Provisions** |  |
| U.S. Const. amend. XIV, § 1 | 2, 11 |
| **Statutes** |  |
| 28 U.S.C. § 1291 | 1 |
| 28 U.S.C. § 1331 | 1 |
| 42 U.S.C. § 1983 | 2, 5 |
| **Rules** |  |
| Fed. R. App. P. 28(a)(3) | 16 |
| Fed. R. Civ. P. 56(a) | 6, 7 |
| **Other Authorities** |  |
| 10A Charles Alan Wright & Arthur R. Miller, *Federal Practice and Procedure* § 2727 (4th ed.) | 12 |

Notice three things. *Celotex* shows 6-8 because it is cited on every page from 6 through 8 (the full cite, then *Id.*, then a short form), so a range is allowed even under the Supreme Court's rule. *Strickland* appears on seven pages; a firm with a five-page *passim* threshold might write *passim*, but in the Supreme Court every page must be listed. Constitutional provisions are placed here after cases, as in Rule 34.2; your court may want them first.

> **Common mistake:** listing *Id.* or a short form as its own TOA entry, or leaving its page out. **Correct approach:** one entry per authority, written in full; the pages of every short form, *Id.* and *supra* reference are added to that entry.

**TOA checklist before you file**

- Read your court's local rule for required categories, order, and whether *passim* is allowed.
- Generate the TOA from the final, paginated version of the brief, after the last edit.
- Every case is listed alphabetically and matches the citation in the body exactly.
- Every short form, *Id.*, *supra* and name-only reference has its page credited to the right entry.
- Ranges are used only for consecutive pages; *passim* only if permitted and applied consistently.
- Dot leaders and right-aligned page numbers; case names italicized or underlined consistently.
- Spot-check five random page references against the filed PDF.

> **Where BriefAuthority fits:** BriefAuthority is a pre-launch tool built to apply these rules from your **final PDF**. It reads the pages you will file, detects cases, statutes, rules and constitutional provisions, and shows each authority with its pages on a review screen where you merge short forms, link *Id.* and *supra*, re-order categories, and choose whether to use *passim* before exporting a formatted .docx with dot leaders. It runs in the browser on a Mac or any computer, and the brief is not uploaded. It does not check whether citations are good law. It is not yet available: planned $39 one-time or $9 per brief. Specification as designed; confirmed at launch. [Join early access](/early-access).

## Frequently asked

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

Cases come first almost everywhere. U.S. Supreme Court Rule 34.2 then lists constitutional provisions, statutes, treatises and other materials. Many firms put constitutional provisions first. If your court's local rule names an order, use it; otherwise pick one hierarchy and apply it consistently.

**Do you list Id. in a table of authorities?**

No. *Id.* is not a separate entry. It refers to the immediately preceding authority, so the page where *Id.* appears is added to that authority's entry.

**When should I use passim in a table of authorities?**

Only if your court allows it. The U.S. Supreme Court's Rule 34.2 says not to use it. Where it is allowed, a common convention is five or more pages, but thresholds vary by court and firm, and some judges discourage it.

**Do page numbers in a TOA refer to the brief or to the case reporter?**

To the brief. Each entry gives the full citation of the authority, and the page references are the brief's own printed page numbers where that authority is cited.

**Are statutes listed alphabetically or numerically?**

Numerically in most practice: by title, then by section. Federal statutes usually come before state statutes. For example, 28 U.S.C. § 1291, then 28 U.S.C. § 1331, then 42 U.S.C. § 1983.

**Do I need a table of authorities for a short brief?**

It depends on the court. FRAP 28(a) requires one in federal appellate briefs. The Supreme Court requires one for merits briefs over 1,500 words (Rule 24.1(c)) and for documents over 1,500 words or five pages (Rule 34.2). State trial courts often have their own thresholds; check the local rules.

**Keep reading**

- [How to make a Table of Authorities on a Mac](/how-to-make-a-table-of-authorities-on-a-mac) — Apply these rules when Word for Mac won't.
- [Table of Authorities from a PDF](/table-of-authorities-from-pdf) — Why page numbers should come from the filed PDF.
- [Table of Authorities for pro se appellants](/table-of-authorities-pro-se-appellant) — A plain-language walkthrough for self-represented filers.
- [Table of Authorities for paralegals](/table-of-authorities-for-paralegals) — Workflow and checks when the brief is due today.
- [How BriefAuthority works](/how-it-works) — Review screen, Id. and supra linking, passim control.
- [Passim: which courts ban it](/passim-table-of-authorities)
- [Id. and supra in a table of authorities](/id-supra-table-of-authorities)
- [Table of authorities order and alphabetizing](/table-of-authorities-order)
- [Supreme Court table of authorities rules (2026)](/supreme-court-table-of-authorities)
- [Table of authorities rules by state](/table-of-authorities-by-state)
- [When is a table of authorities required?](/when-is-a-table-of-authorities-required)
- [What is a table of authorities?](/what-is-a-table-of-authorities)

**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 and Guidance (Rules 24 and 34, effective March 16, 2026)](https://www.supremecourt.gov/filingandrules/rules_guidance.aspx)
- [Supreme Court of the United States — Rules of the Court (2026, PDF)](https://www.supremecourt.gov/filingandrules/2026RulesoftheCourt_WEB.pdf)
- [Microsoft Support — Create a table of authorities](https://support.microsoft.com/en-us/word/create-a-table-of-authorities)