Guide
Authorities Chiefly Relied Upon: The Asterisk in a Table of Authorities
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The short answer
Some courts let, or make, a brief mark the authorities it relies on most with an asterisk in the left margin of the table of authorities. In the D.C. Circuit it is optional: D.C. Cir. R. 28(a)(2) says an asterisk “may be placed next to those authorities on which the brief principally relies,” with this note at the bottom of the first page of the table: “Authorities upon which we chiefly rely are marked with asterisks.” In the Eleventh Circuit it is required: 11th Cir. R. 28-1(d) says the Table of Citations “shall contain asterisks in the margin identifying the citations upon which the party primarily relies.” FRAP 28 says nothing about asterisks, and we found no other federal circuit rule that mentions them.
Last verified: 2026-09-26. This is formatting guidance, not legal advice; follow your court's current rules.
What the D.C. Circuit rule says
“In the left-hand margin of the table of authorities, an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table stating: ‘Authorities upon which we chiefly rely are marked with asterisks.’ 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.” D.C. Cir. R. 28(a)(2).
Three details matter. The asterisk goes in the left-hand margin, before the authority, not after the page numbers. The note goes at the bottom of the first page of the table, not at the end. And the wording is fixed by the rule, so copy it exactly. The same rule, 28(a)(3), requires a Glossary of abbreviations “on a page immediately following the table of authorities” (D.C. Circuit Rules, PDF).
What the Eleventh Circuit rule says
“The Table of Citations shall show the locations in the brief of citations, and shall contain asterisks in the margin identifying the citations upon which the party primarily relies. 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’).” 11th Cir. R. 28-1(d).
Here the asterisks are mandatory for every principal brief covered by Rule 28-1. The rule does not supply the wording of an explanatory note. Many filers add one anyway so a reader knows what the mark means; the D.C. Circuit wording is a safe choice because it says exactly that. See the Eleventh Circuit table of citations page for the rest of Rule 28-1 (Eleventh Circuit Rules, PDF).
| Item | D.C. Circuit | Eleventh Circuit |
|---|---|---|
| Rule | D.C. Cir. R. 28(a)(2) | 11th Cir. R. 28-1(d) |
| Name of the table | Table of authorities | Table of Citations |
| Asterisks | Optional (“may be placed”) | Required (“shall contain”) |
| Which authorities | Those “on which the brief principally relies” | “the citations upon which the party primarily relies” |
| Where | Left-hand margin | In the margin |
| Note | Required with asterisks: “Authorities upon which we chiefly rely are marked with asterisks.” | Not prescribed |
| Passim | Not allowed | Should not be used |
Worked example
Table of Authorities
D.C. Circuit style; real cases, hypothetical page numbers
| Authority | Page(s) |
|---|---|
| Cases | |
| * Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024) | 2, 14-17, 22 |
| * Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983) | 3, 18-21 |
| SEC v. Chenery Corp., 318 U.S. 80 (1943) | 21 |
| Statutes | |
| * 5 U.S.C. § 706(2)(A) | 3, 18 |
Under the table, at the bottom of its first page, the brief prints: “Authorities upon which we chiefly rely are marked with asterisks.” Read the example the way a judge would: three authorities carry the argument, one is cited once in passing. Every page is listed; ranges such as “14-17” mean the authority is cited on each page in between. In a filed brief the note sits at the bottom of the first page of the table. The cases are real (Loper Bright; State Farm; Chenery); the page numbers are illustrative.
How many authorities should get an asterisk?
Neither rule sets a number. Both describe the authorities the brief “principally” or “primarily” relies on, which implies a short list: the cases and statutes the argument cannot stand without. Starring most of the table defeats the purpose. A practical test: if the court read only the starred authorities, would it understand your argument? Keep the stars consistent with the argument itself; an authority starred in the table but cited once in a footnote invites the question why.
Common errors
- Leaving out the note in the D.C. Circuit. The rule ties the asterisks to the notation. Stars without the note do not follow the rule.
- Paraphrasing the note. Use the rule's words: “Authorities upon which we chiefly rely are marked with asterisks.”
- Putting the asterisk after the page numbers or after the citation. Both rules put it in the margin.
- No asterisks in an Eleventh Circuit principal brief. They are required there.
- *Adding passim* to a starred authority.** Both courts require every page.
- Stars that did not survive editing. An authority dropped from the argument keeps its star in the table. Re-check the table against the final brief.
Frequently asked
What does an asterisk mean in a table of authorities?
It marks the authorities the brief relies on most. The D.C. Circuit's rule pairs it with the note “Authorities upon which we chiefly rely are marked with asterisks.”
Is the asterisk required in the D.C. Circuit?
No. D.C. Cir. R. 28(a)(2) says an asterisk “may be placed” next to principal authorities. If you use asterisks, include the notation at the bottom of the first page of the table.
Is the asterisk required in the Eleventh Circuit?
Yes. 11th Cir. R. 28-1(d) says the Table of Citations “shall contain asterisks in the margin identifying the citations upon which the party primarily relies.”
What is the exact wording of the note?
“Authorities upon which we chiefly rely are marked with asterisks.” That is the D.C. Circuit's wording. The Eleventh Circuit's rule does not prescribe a note.
Do other federal courts of appeals use asterisks?
FRAP 28 does not mention them, and in our review of the circuit rules only the D.C. and Eleventh Circuits address them. Check your court's current local rules before filing.
Sources
- U.S. Court of Appeals for the D.C. Circuit: Circuit Rules, as amended through Dec. 4, 2025 (D.C. Cir. R. 28(a)(2)-(3)) (PDF)cadc.uscourts.gov
- U.S. Court of Appeals for the Eleventh Circuit: Rules, effective Aug. 1, 2026 (11th Cir. R. 28-1(d)) (PDF)ca11.uscourts.gov
- Cornell LII: FRAP 28law.cornell.edu
- Cornell LII: Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024)law.cornell.edu
- Cornell LII: Motor Vehicle Mfrs. Ass'n v. State Farm, 463 U.S. 29 (1983)law.cornell.edu
- Cornell LII: SEC v. Chenery Corp., 318 U.S. 80 (1943)law.cornell.edu
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