Guide
California Table of Authorities Rules: CRC 8.204 and 3.1113
On this page5 sections
The short answer
In the California Courts of Appeal, California Rules of Court, rule 8.204(a)(1)(A) requires every brief to “[b]egin with a table of contents and a table of authorities separately listing cases, constitutions, statutes, court rules, and other authorities cited.” In the superior court, rule 3.1113(f) requires a table of authorities in any memorandum that exceeds 10 pages. In both, the tables do not count toward the length limit, and the pages must be numbered with Arabic numerals starting from the cover or first page, so there is no roman-numeral front matter. Neither rule mentions passim. Citations may follow the California Style Manual or the Bluebook (rule 1.200), consistently. This page quotes the rules, shows an example table in California Style Manual form, and links the court's self-help resources. General formatting guidance, not legal advice. Last verified: 2026-09-24.
What rule 8.204 says
“(a) Contents (1) Each brief must: (A) Begin with a table of contents and a table of authorities separately listing cases, constitutions, statutes, court rules, and other authorities cited;” (Cal. Rules of Court, rule 8.204(a)(1)(A))
Three things follow from the wording. First, the table sits at the front: the brief must begin with it, right after the cover (and the Certificate of Interested Entities or Persons, where required). Second, it is not one alphabetical list. California requires separate lists by type, so a table that mixes a statute into the case list does not comply. Third, the rule names five categories. Most practitioners use them as headings in the order the rule gives: Cases, Constitutions, Statutes, Court Rules, Other Authorities. The rule does not require page references in so many words, but a table of authorities without the brief pages where each authority is cited would not serve its purpose, and every published model includes them.
| Rule | What it says | Effect on the TOA |
|---|---|---|
| 8.204(a)(1)(A) | Brief must begin with a table of contents and a table of authorities “separately listing cases, constitutions, statutes, court rules, and other authorities cited” | Required in every brief; five separate lists |
| 8.204(b)(3) | “Case names must be italicized or underscored.” | Use the same treatment in the table as in the body |
| 8.204(b)(7) | Pages consecutively numbered, beginning with the cover as page 1, Arabic numerals only | The tables carry Arabic page numbers (for example 4, 5), not i, ii |
| 8.204(c)(1) | 14,000 words maximum for a computer-produced brief, including footnotes | Word count certificate required |
| 8.204(c)(3) | “The tables required under (a)(1) … are excluded from the limits stated in (1) or (2).” | The table of authorities does not count toward 14,000 words |
| 8.204(e) | Clerk may decline to file a noncomplying brief, or the court may order it corrected or struck | A missing or mixed table is a compliance risk |
| 1.200 | California Style Manual or Bluebook, at the filer's option, used consistently | Pick one style for the body and the table |
The unique California element: no roman-numeral front matter
Federal and many state briefs number the cover, tables and other front matter in lower-case roman numerals and start page 1 at the statement of the case. California does not. Rule 8.204(b)(7) says “The page numbering must begin with the cover page as page 1 and use only Arabic numerals (e.g., 1, 2, 3). The page number may be suppressed and need not appear on the cover page.” Rule 3.1113(h) says the same for trial-court memoranda. The practical consequence: every page reference in the table must match the PDF page count from the cover, which also makes the numbers match the page counter in the court's e-filing viewer. If you convert a federal-style brief, renumber it before you build the table, or every reference will be off by the length of the front matter.
Trial court memoranda: rule 3.1113
“(f) Format of longer memorandum A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. A memorandum that exceeds 15 pages must also include an opening summary of argument.” (Cal. Rules of Court, rule 3.1113(f))
Rule 3.1113(d) caps an opening or responding memorandum at 15 pages (20 in a summary judgment or summary adjudication motion) and a reply at 10, and states that “The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.” So a 12-page opposition needs a table of authorities, and the table does not eat into the 15 pages. Rule 3.1113 does not require separate category lists the way rule 8.204 does, but using the same five headings is the safe default. Rule 3.1113(c) adds that a case citation “must include the official report volume and page number and year of decision.”
California Style Manual citations and alphabetizing
Under the California Style Manual, the year goes in parentheses right after the case name and the citation is to the official reports: People v. Wende (1979) 25 Cal.3d 436. Reporters are written without internal spaces (Cal.App.4th, F.Supp.2d). Statutes are cited by code name first, with a comma before the section sign: Code Civ. Proc., § 904.1. Court rules are cited as Cal. Rules of Court, rule 8.204. These forms change how a table sorts. Cases are alphabetized by the name as cited, so the many People v. entries in a criminal brief cluster together and sort by the defendant's name. Statutes sort by code name, then section number; Code Civ. Proc. comes before Pen. Code. Whichever order you use for codes, apply it every time. If you choose the Bluebook instead, the year moves to the end and regional reporters appear; do not mix the two styles.
Table of Authorities
Example, California Style Manual form; brief page numbers are hypothetical, counted from the cover as page 1
| Authority | Page(s) |
|---|---|
| Cases | |
| Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826 | 14, 16 |
| Chapman v. California (1967) 386 U.S. 18 | 22 |
| Denham v. Superior Court (1970) 2 Cal.3d 557 | 11 |
| In re Marriage of Arceneaux (1990) 51 Cal.3d 1130 | 12 |
| People v. Watson (1956) 46 Cal.2d 818 | 21, 23 |
| People v. Wende (1979) 25 Cal.3d 436 | 9 |
| Constitutions | |
| U.S. Const., 6th Amend. | 20 |
| Cal. Const., art. VI, § 13 | 21 |
| Statutes | |
| Code Civ. Proc., § 437c | 14, 15 |
| Code Civ. Proc., § 904.1 | 8 |
| Pen. Code, § 1237 | 8 |
| Court Rules | |
| Cal. Rules of Court, rule 8.204 | 25 |
The authorities are real; the combination and page numbers are illustrative only. Note the five separate headings, the Arabic page numbers, and that In re Marriage of Arceneaux is filed under “I” as cited. Some practitioners alphabetize In re cases by the party name instead; either is defensible if applied consistently.
Passim in California
Rule 8.204 is silent on passim, and so is rule 3.1113. It is neither required nor forbidden by the statewide rules. Because the table exists to help the justices find authorities, listing every page is the safer choice, and if you use passim at all, reserve it for an authority cited on most pages and apply one threshold throughout. Check your district's local rules and any order in your case.
Frequently asked
Does a California appellate brief need a table of authorities?
Yes. Cal. Rules of Court, rule 8.204(a)(1)(A) says each brief must begin with a table of contents and a table of authorities separately listing cases, constitutions, statutes, court rules, and other authorities cited.
Does the table of authorities count toward California's 14,000-word limit?
No. Rule 8.204(c)(3) excludes the tables required under (a)(1), along with the cover information, the Certificate of Interested Entities or Persons, the word-count certificate, the signature block and attachments.
When does a California trial court memorandum need a table of authorities?
When it exceeds 10 pages. Rule 3.1113(f) requires a table of contents and a table of authorities for a memorandum over 10 pages, and an opening summary of argument for one over 15 pages. The tables are not counted toward the page limit (rule 3.1113(d)).
Can I use roman numerals for the table of contents and table of authorities in California?
No. Rule 8.204(b)(7) requires consecutive page numbers beginning with the cover as page 1 and using only Arabic numerals. Rule 3.1113(h) has the same rule for trial court memoranda.
Do I have to use the California Style Manual?
No. Rule 1.200 lets the filer choose the California Style Manual or the Bluebook, but the same style must be used consistently throughout the document, including the table.
Is passim allowed in a California table of authorities?
The statewide rules are silent. Listing every page is the safer practice; check local rules and any case-specific order.
California self-help and official sources
- California Courts Self-Help Guide — Appealsselfhelp.courts.ca.gov
- Cal. Rules of Court, rule 8.204courts.ca.gov
- Cal. Rules of Court, rule 3.1113courts.ca.gov
Last verified: 2026-09-24. Rules change; confirm the current text on courts.ca.gov before filing. This page is general formatting information, not legal advice.
Sources
- Judicial Branch of California — Cal. Rules of Court, rule 8.204 (Contents and format of briefs)courts.ca.gov
- Judicial Branch of California — Cal. Rules of Court, rule 3.1113 (Memorandum)courts.ca.gov
- Judicial Branch of California — Cal. Rules of Court, rule 1.200 (Format of citations)courts.ca.gov
- California Style Manual (4th ed. 2000), copy hosted by the Sixth District Appellate Programsdap.org
- California Courts Self-Help Guide — Appealsselfhelp.courts.ca.gov
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