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Guide

Table of Authorities Rules in All 13 Federal Courts of Appeals

Updated
Updated
Reading time
9 min read
On this page4 sections
  1. The baseline: FRAP 28(a)(3)
  2. All 13 courts of appeals: table of authorities rules compared
  3. What the local rules actually change
  4. Circuit pages

The short answer

Every federal court of appeals starts from FRAP 28(a)(3): a table of authorities listing “cases (alphabetically arranged), statutes, and other authorities” with “references to the pages of the brief where they are cited.” It is required in principal briefs and reply briefs (FRAP 28(c)) and is excluded from the word limit (FRAP 32(f)). On top of that, three circuits bar passim by rule (D.C., Tenth, Eleventh), the Ninth's sample brief discourages it, the Eleventh requires asterisks for the authorities a party primarily relies on, and the D.C. Circuit permits them. The other circuits add nothing about the table beyond FRAP 28, though several add rules about order, numbering or addenda that affect it. The Federal Circuit has proposed a passim restriction for December 1, 2026. Every cell below was checked against the court's own rules on 2026-09-24. General formatting guidance, not legal advice. Last verified: 2026-09-24.

The baseline: FRAP 28(a)(3)

“(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))

law.cornell.edu (Cornell LII — FRAP 28)

FRAP 28 sets three requirements for the table: it must exist, it must group cases (alphabetized), statutes and other authorities, and it must give the brief pages where each authority is cited. It says nothing about passim, asterisks, roman numerals or the order of categories beyond that list. Those details come from local rules, clerk's guidance and custom, which is why the same brief can be compliant in the Fourth Circuit and rejected in the Eleventh.

All 13 courts of appeals: table of authorities rules compared

“Silent” means we searched the circuit's current published rules for passim and found nothing. “None in rules” means the only asterisk reference we found concerns omissions in appendix text, not the table. A silent rule is not permission; follow any clerk's guidance or case order.

Federal courts of appeals: TOA rule, passim, asterisks (last verified 2026-09-24)
CourtLocal rule on the TOAPassimAsterisksNotable quirkOfficial source
1st Cir.None beyond FRAP 28. L.R. 28.0 adds a required addendum, which must begin with its own table of contents.SilentNone in rulesL.R. 28.0 addendum (decision appealed from) bound at the rear of the appellant's briefRulebook, amendments through June 1, 2026 (PDF)
2d Cir.None beyond FRAP 28 (L.R. 28.1 covers form and the statement of the case). L.R. 32.1(a)(3): pages must be sequentially numbered and the PDF's page field must match.SilentNone in rules14,000-word principal brief (L.R. 32.1(a)(4)); summary orders cited with “(summary order)” (L.R. 32.1.1(c))Local Rules, eff. Dec. 2, 2024 (PDF)
3d Cir.None beyond FRAP 28.SilentNone in rulesL.A.R. 28.3(a) prescribes the reporters to cite in the argument; L.A.R. 28.1(a)(1) requires appendix page cites showing where each issue was raisedL.A.R., 2011 edition as posted (PDF)
4th Cir.None beyond FRAP 28.SilentNone in rulesL.R. 28(b): only FRAP 28(f) and 32.1(b) material may go in an addendum without leaveLocal Rules, Mar. 23, 2026 (PDF)
5th Cir.5th Cir. R. 28.3 fixes the order: certificate of interested persons, oral-argument statement, table of contents, then table of authorities.SilentNone in rulesCertificate of interested persons does not count toward length (5th Cir. R. 32.2); clerk's brief checklist publishedFRAP with 5th Cir. R. & IOPs, through Dec. 2025 (PDF)
6th Cir.None beyond FRAP 28. The clerk's Briefs Checklist restates FRAP 28(a)(3).SilentNone in rulesRecord cites must use the district court “Page ID #” (6 Cir. R. 28(a)(1))Rules, last amended July 13, 2026 (PDF)
7th Cir.None beyond FRAP 28 for briefs. Cir. R. 40(a) requires a table of cases, statutes and other authorities in a petition for rehearing.SilentNone in rules12-point type allowed (Cir. R. 32(b)); 14,000-word principal brief (Cir. R. 32(c))Rules current as of Dec. 1, 2025 (PDF)
8th Cir.None beyond FRAP 28.SilentNone in rulesA one-page summary of the case must be the first item in the brief; each issue must list up to 4 most apposite cases (8th Cir. R. 28A(i))Local Rules, June 17, 2024 (PDF)
9th Cir.Cir. R. 28-1(a): every counseled brief, including supplemental briefs, must contain a table of authorities under FRAP 28 unless the court allows a letter brief.Discouraged by the court's Shell Brief (“Avoid use of passim unless the authority appears on nearly every page”); no ruleNone in rules or Shell BriefPro se appellants may use the court's informal brief forms (Cir. R. 28-1(d))Rules, Dec. 1, 2025 (PDF)
10th Cir.10th Cir. R. 28.3(C) bars passim. 28.2(C)(3): the first brief's related-appeals statement goes at the end of the Table of Authorities; a glossary follows it (28.2(C)(4)).ProhibitedNone in rulesRelated-cases list sits inside the TOA2026 Rules (PDF)
11th Cir.11th Cir. R. 28-1(d): the “Table of Citations” must show every page and carry asterisks for the citations the party primarily relies on.ProhibitedRequiredTable must be double-spaced (11th Cir. R. 32-3)Rules, Aug. 1, 2026 (PDF)
D.C. Cir.D.C. Cir. R. 28(a)(2): asterisks optional, every page required; glossary follows the table (28(a)(3)).ProhibitedOptional, with the notation “Authorities upon which we chiefly rely are marked with asterisks.”The asterisk convention started hereCircuit Rules, through Dec. 4, 2025 (PDF)
Fed. Cir.Fed. Cir. R. 28(a): certificate of interest, table of contents, table of authorities, then statement of related cases.Silent now; a proposed Fed. Cir. R. 32(j) would restrict passim from Dec. 1, 2026 if adoptedNone in rulesWatch the 2026 amendmentRules of Practice, Dec. 1, 2025 (PDF)

Download the data. Every row on this page — plus the Supreme Court and all 13 federal courts of appeals — is available as a free dataset: JSON · CSV. Each row links to the official rule and carries its last-verified date. Free to reuse with attribution ("BriefAuthority TOA rules dataset", CC BY 4.0).

What the local rules actually change

  • Every page, no shortcuts (D.C., 10th, 11th). List each page; a range such as “7-10” is allowed in the 10th and 11th only when the authority appears on every page in the range. See passim in a table of authorities.
  • Asterisks (11th required, D.C. optional). In the Eleventh, mark the citations you primarily rely on in the margin. In the D.C. Circuit, if you mark any, add the notation at the bottom of the table's first page.
  • Placement. In the 5th, the table comes after the certificate of interested persons, the oral-argument statement and the table of contents. In the Federal Circuit it follows the certificate of interest and table of contents and precedes the statement of related cases. In the 10th, the related-appeals statement goes at the end of the table itself.
  • Numbering. The Second Circuit requires sequential page numbers and a PDF whose page field matches them (L.R. 32.1(a)(3)). The Eleventh says the front-matter items, including the Table of Citations, “need not be numbered” (11th Cir. R. 32-4). Either way, the page references in the table must match the pages as filed.
  • Spacing. The Eleventh requires the Table of Contents and Table of Citations to be double-spaced (11th Cir. R. 32-3).

Circuit pages

Links

  1. Ninth Circuit table of authorities
  2. Second Circuit table of authorities
  3. Fifth Circuit table of authorities
  4. Eleventh Circuit table of citations

Frequently asked

Which federal circuits prohibit passim in a table of authorities?

As of 2026-09-24: the D.C. Circuit (Rule 28(a)(2)), the Tenth Circuit (Rule 28.3(C)) and the Eleventh Circuit (Rule 28-1(d)). The Ninth Circuit's Shell Brief says to avoid it unless the authority appears on nearly every page. The Federal Circuit has proposed a restriction that would take effect December 1, 2026 if adopted.

Which circuits use asterisks in the table of authorities?

The Eleventh Circuit requires them: the Table of Citations “shall contain asterisks in the margin identifying the citations upon which the party primarily relies.” The D.C. Circuit makes them optional and, if used, requires the notation “Authorities upon which we chiefly rely are marked with asterisks.” We found no asterisk convention for the table in the other circuits' rules.

Does the table of authorities count toward the word limit in the courts of appeals?

No. FRAP 32(f) excludes the table of contents and the “table of citations” from the length limit in every circuit. The Ninth Circuit repeats this in Circuit Rule 32-1(c), and the Eleventh in Rule 32-4.

Does a reply brief need a table of authorities?

Yes. FRAP 28(c) says a reply brief “must contain a table of contents, with page references, and a table of authorities.” The Eleventh Circuit's Rule 28-3 also lists the Table of Citations among the required parts of a reply brief.

Do federal appellate briefs have to use roman numerals for the table pages?

FRAP does not say. Many briefs number front matter in roman numerals, as the Ninth and Eleventh Circuit sample briefs do. The Second Circuit requires sequential numbering that matches the PDF's page field, and the Eleventh says front-matter pages need not be numbered. Whatever scheme you use, the table must cite the page numbers printed on the brief.

Last verified: 2026-09-24. Each row was read from the circuit's own rules PDF, fetched directly from the court's website on that date. Rules change, usually on December 1; confirm the current text before filing. This page is general formatting information, not legal advice.

Keep reading

Sources

  1. Cornell LII — FRAP 28law.cornell.edu
  2. Cornell LII — FRAP 32law.cornell.edu
  3. First Circuit — Rulebook (amendments through June 1, 2026)ca1.uscourts.gov
  4. Second Circuit — Local Rules and IOPs, effective Dec. 2, 2024ca2.uscourts.gov
  5. Third Circuit — Local Appellate Rules (2011 edition as posted)ca3.uscourts.gov
  6. Fourth Circuit — Local Rulesca4.uscourts.gov
  7. Fifth Circuit — FRAP with 5th Cir. R. and IOPs (through Dec. 2025)ca5.uscourts.gov
  8. Sixth Circuit — FRAP, Sixth Circuit Rules and IOPs (last amended July 13, 2026)ca6.uscourts.gov
  9. Seventh Circuit — FRAP and Circuit Rules (current as of Dec. 1, 2025)ca7.uscourts.gov
  10. Eighth Circuit — Local Rules (June 17, 2024)ca8.uscourts.gov
  11. Ninth Circuit — FRAP and Circuit Rules (Dec. 1, 2025)cdn.ca9.uscourts.gov
  12. Ninth Circuit — Shell Briefcdn.ca9.uscourts.gov
  13. Tenth Circuit — 2026 FRAP and Local Rulesca10.uscourts.gov
  14. Eleventh Circuit — Rules (Aug. 1, 2026)ca11.uscourts.gov
  15. D.C. Circuit — Circuit Rules (through Dec. 4, 2025)cadc.uscourts.gov
  16. Federal Circuit — Rules of Practice (Dec. 1, 2025)cafc.uscourts.gov
  17. Federal Circuit — Notice of Proposed Amendments (July 2026)cafc.uscourts.gov
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