Guide
Fifth Circuit Table of Authorities: 5th Cir. R. 28.3 Order of Contents
On this page3 sections
The short answer
The Fifth Circuit requires the table of authorities FRAP 28(a)(3) describes, and 5th Cir. R. 28.3 fixes where it goes: (a) certificate of interested persons, (b) statement regarding oral argument, (c) table of contents, (d) “[a] table of authorities (see FED. R. APP. P. 28(a)(3)),” then the jurisdictional statement and the rest of the brief. The Fifth Circuit's rules say nothing about passim or asterisks, and the court's own posted sample brief uses passim for three cases. The table does not count toward the 13,000-word limit; neither does the certificate of interested persons (FRAP 32(f); 5th Cir. R. 32.2). The clerk publishes a brief checklist and warns that more than 30% of briefs received have deficiencies. General formatting guidance, not legal advice. Last verified: 2026-09-24.
What 5th Cir. R. 28.3 says
“28.3 Brief - Order of Contents. The order of the contents of the brief is governed by FED. R. APP. P. 28 and this rule and will be as follows: (a) Certificate of interested persons required by 5TH CIR. R. 28.2.1; (b) Statement regarding oral argument required by 5TH CIR. R. 28.2.3 (See FED. R. APP. P. 34(a)(1)); (c) A table of contents, with page references (see FED. R. APP. P. 28 (a)(2)); (d) A table of authorities (see FED. R. APP. P. 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))
The Fifth Circuit adds two front-matter items that FRAP does not require, and both come before the tables: the certificate of interested persons (5th Cir. R. 28.2.1) and the statement regarding oral argument (5th Cir. R. 28.2.3). Both belong in the table of contents. Neither is an authority, so neither goes in the table of authorities, and neither counts toward length.
| Source | What it says | Effect on the TOA |
|---|---|---|
| FRAP 28(a)(3), (c) | Table of authorities with page references, principal and reply briefs | Required |
| 5th Cir. R. 28.3(d) | Table of authorities is item (d) in the fixed order | Place it after the table of contents |
| 5th Cir. R. 28.2.2 | Record cites to the page of the record on appeal (e.g., “ROA.123”) | Record cites are not authorities; keep them out of the table |
| 5th Cir. R. 32.2 | FRAP 32(f) applies; the certificate of interested parties does not count | Tables excluded from length |
| 5th Cir. R. 32.5 | Nonconforming briefs: clerk may return copies; 10 days to resubmit; may be struck after 14 | Fix a defective table fast |
| Practitioners' Guide (May 2025) | Strongly recommends a uniform citation system such as the Bluebook | Use one style consistently, in the table too |
| Brief checklist | Lists “A table of authorities (see FED. R. APP. P. 28(a)(3))” as item (d) | Clerk's reference list |
Example Fifth Circuit table of authorities
These entries are copied from the table of authorities in the appellant's civil brief the Fifth Circuit posts as a sample (Terwilliger v. Reyna, No. 19-50888), including its page numbers. The sample numbers its front matter in Arabic numerals: the table of authorities begins on page 8.
| Entry | Page(s) |
|---|---|
| Cases | |
| Anderson v. Creighton, 483 U.S. 635 (1987) | 27, 28, 67 |
| Arizmendi v. Gabbert, 919 F.3d 891 (5th Cir. 2019), cert. denied, 140 S. Ct. 220 (2019) | 43, 48 |
| Ashcroft v. Iqbal, 556 U.S. 662 (2009) | 23, 24, 67 |
| District of Columbia v. Wesby, 583 U.S. __, 138 S. Ct. 577 (2018) | passim |
| Statutes | |
| 28 U.S.C. § 1292 | 16 |
| 42 U.S.C. § 1983 | 66, 67 |
The *passim* entry shows the Fifth Circuit tolerates it in practice, but it would be rejected in the D.C., Tenth or Eleventh Circuits and in the Supreme Court. If the same brief may be adapted for a certiorari petition, list the pages from the start. (Wesby is now reported at 583 U.S. 48; the sample predates the U.S. Reports pagination.)
Pro se litigants
We found no informal brief form on the Fifth Circuit's site. Its Practitioners' Guide says the court “requires typed briefs” but “accepts handwritten briefs from incarcerated pro se litigants,” limited to 30 pages (principal) and 15 (reply) “exclusive of the statements regarding oral argument or interested persons, tables of contents and authorities.” Briefs from non-incarcerated pro se litigants “must conform to FED. R. APP. P. 32.” Pro se parties can request a brief template by email to [email protected]. See table of authorities for pro se appellants.
Frequently asked
Where does the table of authorities go in a Fifth Circuit brief?
Fourth. 5th Cir. R. 28.3 lists the certificate of interested persons, the statement regarding oral argument and the table of contents first, then the table of authorities, followed by the jurisdictional statement.
Can I use passim in a Fifth Circuit brief?
The Fifth Circuit's rules and IOPs (through December 2025) do not mention it, and the court's posted sample appellant's civil brief uses passim for three cases. Listing every page is still the safer practice if the brief may be reused in a court that bars it.
Does the table of authorities count toward the Fifth Circuit's word limit?
No. FRAP 32(f) excludes it, and the Practitioners' Guide lists the tables of contents and citations among the items you do not count, along with the certificate of interested persons and the oral-argument statement.
Does the Fifth Circuit publish a brief checklist?
Yes. The clerk's “Checklist of Rule Requirements for Briefs and Record Excerpts” is on the court's Brief Guidance page and lists the table of authorities as item (d) of the brief's contents. IOP (C) also says the clerk's checklist is available on request.
Are asterisks used for principal authorities in the Fifth Circuit?
No rule calls for them. Asterisks are a D.C. Circuit (optional) and Eleventh Circuit (required) convention.
Last verified: 2026-09-24, from the Fifth Circuit's FRAP/5th Cir. R./IOPs compilation (through December 2025), the Practitioners' Guide (May 2025), the brief checklist and the posted sample appellant's civil brief, all downloaded from ca5.uscourts.gov. Rules change; confirm before filing. General formatting information, not legal advice.
Sources
- Cornell LII — FRAP 28law.cornell.edu
- Cornell LII — FRAP 32law.cornell.edu
- Fifth Circuit — FRAP with Fifth Circuit Rules and IOPs, through Dec. 2025 (PDF)ca5.uscourts.gov
- Fifth Circuit — Practitioners' Guide, May 2025 (PDF)ca5.uscourts.gov
- Fifth Circuit — Checklist of Rule Requirements for Briefs and Record Excerpts (PDF)ca5.uscourts.gov
- Fifth Circuit — Sample appellant's civil brief (PDF)ca5.uscourts.gov
- Fifth Circuit — Sample briefsca5.uscourts.gov
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