Guide
Table of Authorities Example: 3 Annotated Samples (Federal, Supreme Court, California)
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The short answer
A good table of authorities example lists every authority under category headings (Cases first), with full citations, alphabetical cases, statutes by title and section, and the brief pages where each is cited. Below are three complete samples built from real authorities: a federal court of appeals brief under FRAP 28(a)(3), a U.S. Supreme Court merits brief in Rule 34.2 order with no passim, and a California appellate brief with the separate lists rule 8.204(a)(1)(A) requires, cited in California Style Manual form. Page numbers are hypothetical. Each sample is followed by notes on what it demonstrates. Formatting guidance, not legal advice; follow your court's rules.
Last verified: 2026-09-24.
Example A: federal court of appeals brief (FRAP 28)
A hypothetical appellant's brief in a civil-rights appeal from summary judgment on qualified immunity, filed in a federal court of appeals. FRAP 28(a)(3) requires “cases (alphabetically arranged), statutes, and other authorities” with page references; most briefs split constitutional provisions and rules into their own headings, as here.
Table of Authorities
Example A: federal appellate brief; hypothetical page numbers
| Authority | Page(s) |
|---|---|
| Cases | |
| Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) | 8, 11 |
| Celotex Corp. v. Catrett, 477 U.S. 317 (1986) | 8-9 |
| Harlow v. Fitzgerald, 457 U.S. 800 (1982) | 12, 15 |
| Pearson v. Callahan, 555 U.S. 223 (2009) | 12-13 |
| Tolan v. Cotton, 572 U.S. 650 (2014) (per curiam) | 10, 14 |
| Constitutional Provisions | |
| U.S. Const. amend. IV | 2, 10 |
| Statutes | |
| 28 U.S.C. § 1291 | 1 |
| 28 U.S.C. § 1331 | 1 |
| 42 U.S.C. § 1983 | 2, 7, 12 |
| Rules | |
| Fed. R. App. P. 4(a)(1)(A) | 1 |
| Fed. R. Civ. P. 56(a) | 8 |
What Example A demonstrates
- Alphabetical cases by the first word of the case name: Anderson, Celotex, Harlow, Pearson, Tolan.
- Parentheticals that are part of the citation stay in the entry — “(per curiam)” for Tolan — but pin cites and signals do not.
- Statutes by title, then section: 28 U.S.C. § 1291 before § 1331, then 42 U.S.C. § 1983.
- Ranges only for consecutive pages: Pearson “12-13” means it is cited on both pages; Harlow “12, 15” is not a range.
- Jurisdictional authorities on page 1 (§§ 1291, 1331, FRAP 4) — the jurisdictional statement comes early in the brief, so these show a low page number.
- *No [passim](/passim-table-of-authorities)* — every page is short enough to list. If your circuit allows passim and an authority reaches your threshold, it would replace the page list.
Example B: Supreme Court merits brief (Rule 34.2 order)
A hypothetical respondent's merits brief on judicial review of an agency's statutory interpretation. Rule 34.2 lists the categories as “cases alphabetically arranged, constitutional provisions, statutes, treatises, and other materials,” says the table “should not use the ‘passim’ notation,” and allows a range only “if the authority is cited on every page in the range.”
Table of Authorities
Example B: Supreme Court merits brief; hypothetical page numbers
| Authority | Page(s) |
|---|---|
| Cases | |
| Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) | 5-9, 14, 21 |
| Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024) | 2, 5-11, 18, 22, 25 |
| Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) | 10 |
| Skidmore v. Swift & Co., 323 U.S. 134 (1944) | 12, 16 |
| Constitutional Provisions | |
| U.S. Const. art. III, § 1 | 10 |
| Statutes | |
| 5 U.S.C. § 706 | 3, 9-10 |
| 28 U.S.C. § 1254(1) | 1 |
| Treatises | |
| Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (2012) | 17 |
| Other Materials | |
| The Federalist No. 78 (Alexander Hamilton) | 11 |
What Example B demonstrates
- Rule 34.2 category order: constitutional provisions come right after cases, and treatises get their own heading before other materials.
- *No passim, ever:* Loper Bright is cited on 11 pages. In a court that allows passim it might qualify; here every page is listed, with “5-11” compressing the consecutive run.
- Early reporter citation form: Marbury keeps the nominative reporter, “5 U.S. (1 Cranch) 137.”
- An overruled case can still be an entry: the brief cites Chevron to discuss it, so it is indexed like any other authority. A TOA indexes citations; it does not judge whether they are good law.
- 12-point Century type is what Rule 33.1(b) requires for booklet-format text, so the table is set in the same face.
Where your court allows it, many offices switch to passim at five or more page references — that threshold comes from Microsoft Word's built-in "Use passim" option. The U.S. Supreme Court's Rule 34.2 says a table of authorities should not use passim (added in the 2023 rules and kept in the rules effective March 16, 2026), and the D.C., Tenth and Eleventh Circuits bar it too (D.C. Cir. R. 28(a)(2); 10th Cir. R. 28.3(C); 11th Cir. R. 28-1(d)). Follow your court's rule.
Example C: California appellate brief (rule 8.204, California Style Manual form)
A hypothetical appellant's opening brief in a criminal appeal to the California Court of Appeal. Rule 8.204(a)(1)(A) requires “a table of authorities separately listing cases, constitutions, statutes, court rules, and other authorities cited.” Rule 1.200 lets you cite in California Style Manual or Bluebook form as long as you are consistent; this sample uses the Style Manual, which puts the year in parentheses after the case name and cites the official reports.
Table of Authorities
Example C: California appellate brief; hypothetical page numbers
| Authority | Page(s) |
|---|---|
| Cases | |
| Chapman v. California (1967) 386 U.S. 18 | 14-15 |
| People v. Cahill (1993) 5 Cal.4th 478 | 15 |
| People v. Watson (1956) 46 Cal.2d 818 | 15-16 |
| Strickland v. Washington (1984) 466 U.S. 668 | 9-10 |
| Constitutions | |
| U.S. Const., 6th Amend. | 9 |
| Cal. Const., art. I, § 15 | 9 |
| Statutes | |
| Evid. Code, § 352 | 11-12 |
| Pen. Code, § 1237 | 1 |
| Court Rules | |
| Cal. Rules of Court, rule 8.204 | 2 |
| Other Authorities | |
| CALCRIM No. 220 | 13 |
What Example C demonstrates
- Five separate lists in the rule's own wording: Cases, Constitutions, Statutes, Court Rules, Other Authorities.
- Style Manual case form: name, then (year), then volume, reporter and page, with no spaces inside reporter abbreviations (Cal.4th, Cal.2d).
- Federal and state cases in one alphabetical list: Chapman, People v. Cahill, People v. Watson, Strickland.
- California statutes by code name, then section: “Evid. Code, § 352” before “Pen. Code, § 1237,” with the Style Manual's comma before the section symbol.
- Jury instructions such as CALCRIM go under Other Authorities.
- Case names italicized, which rule 8.204(b) requires (or underscored), and at least 13-point type.
The three formats side by side
| Item | A: Federal appellate | B: Supreme Court | C: California |
|---|---|---|---|
| Governing rule | FRAP 28(a)(3) | S. Ct. Rules 24.1(c), 34.2 | Cal. Rules of Court, rule 8.204(a)(1)(A) |
| Categories named by rule | Cases, statutes, other authorities | Cases, constitutional provisions, statutes, treatises, other materials | Cases, constitutions, statutes, court rules, other authorities |
| Passim | Depends on the circuit (barred in D.C., 10th, 11th) | Not allowed | Not addressed by rule 8.204; check local practice |
| Case citation form | Bluebook: year at the end | Bluebook: year at the end | Style Manual: year after the name (Bluebook also allowed, rule 1.200) |
| Type size | 14-point or larger (FRAP 32(a)(5)) | 12-point Century, booklet (Rule 33.1(b)) | At least 13-point (rule 8.204(b)) |
Frequently asked
What does a table of authorities look like?
A centered “TABLE OF AUTHORITIES” heading, a right-aligned “Page(s)” label, and category headings with Cases first. Under each heading, full citations run left, dot leaders run across, and the brief's page numbers sit flush right.
Can I see a Supreme Court table of authorities example?
Example B above follows Rule 34.2: cases alphabetically, constitutional provisions, statutes, treatises, then other materials, with every page listed and no passim. Ranges such as “5-11” appear only where every page in the range cites the authority.
How is a California table of authorities different?
Rule 8.204(a)(1)(A) requires separate lists of cases, constitutions, statutes, court rules and other authorities. Many California briefs cite in California Style Manual form, with the year after the case name, as in People v. Watson (1956) 46 Cal.2d 818.
Should an overruled case appear in the table of authorities?
Yes, if the brief cites it. The table indexes every authority cited, including ones the brief distinguishes or criticizes. Whether a case is still good law is a citator question, not a TOA question.
Where do jury instructions and treatises go?
Under Other Authorities in most courts. The Supreme Court's Rule 34.2 names treatises as their own category, so Supreme Court briefs often use a separate Treatises heading before Other Materials.
Is there a template I can use for these examples?
Yes. The free .docx template has the heading, category headings, dot-leader tab stops and hanging indents set, with real sample entries to replace.
Sources
- Cornell LII — Federal Rules of Appellate Procedure, Rule 28. Briefslaw.cornell.edu
- Cornell LII — Federal Rules of Appellate Procedure, Rule 32. Form of Briefslaw.cornell.edu
- Supreme Court of the United States — Rules of the Court (effective March 16, 2026, PDF)supremecourt.gov
- Supreme Court of the United States — Rules and Guidancesupremecourt.gov
- California Rules of Court, rule 8.204courts.ca.gov
- California Rules of Court, rule 1.200 (citation format)courts.ca.gov
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