Guide
What Is a Table of Authorities? Definition, Names and Examples
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The short answer
A table of authorities (TOA) is an index at the front of a legal brief that lists every case, statute, constitutional provision, rule and other authority the brief cites, grouped by type, with the page numbers of the brief where each one appears. It lets a judge or clerk find every place an authority is used without reading the whole brief.
Federal appellate briefs must have one under Federal Rule of Appellate Procedure 28(a)(3), and most state appellate courts require the same thing, sometimes under a different name. This page covers the definition, the names courts use, what goes in a TOA, how it differs from a table of contents, and the ways people build one. It is general formatting information, not legal advice; your court's rules control.
Last verified: 2026-09-24.
Definition
A table of authorities is a list of the legal sources cited in a brief, sorted into categories such as cases, constitutional provisions, statutes, rules and other authorities, with each entry followed by the brief pages where it is cited. It sits in the front matter, after the table of contents, and is usually numbered in lowercase roman numerals.
The word “authorities” means the sources of law and commentary a brief relies on or distinguishes: judicial opinions, constitutions, statutes, regulations, court rules, treatises, law review articles, legislative history and similar materials. Record citations (to the trial transcript or appendix) are not authorities and do not go in the table.
Other names for a table of authorities
| Court or rule | Term used | Format |
|---|---|---|
| Federal courts of appeals, FRAP 28(a)(3) | Table of authorities | Cases (alphabetical), statutes, other authorities, with page references |
| U.S. Supreme Court, Rules 14.1(c), 24.1(c), 34.2 | Table of cited authorities | Cases alphabetically arranged, constitutional provisions, statutes, treatises, other materials |
| Texas, Tex. R. App. P. 38.1(c) | Index of authorities | “Arranged alphabetically and indicating the pages of the brief where the authorities are cited” |
| Florida, Fla. R. App. P. 9.210(b)(2) | Table of citations | Cases listed alphabetically, statutes and other authorities, with pages |
| California, Cal. Rules of Court, rule 8.204(a)(1)(A) | Table of authorities | Separately listing cases, constitutions, statutes, court rules and other authorities |
| Illinois, Ill. S. Ct. R. 341(h)(1) | Points and Authorities | Argument headings, each followed by the authorities cited under it, with pages |
Illinois is the one that changes the format, not just the name. Rule 341(h)(1) requires a table of contents “including a summary statement, entitled ‘Points and Authorities,’” made up of the headings and subheadings of the Argument, “with the citation under each heading of the authorities relied upon or distinguished, and a reference to the page of the brief on which each heading and each authority appear.” An authority cited under three headings appears three times, once under each. A standard alphabetical TOA does not satisfy that rule on its own, so check the Illinois format before reusing a table built for another court.
Who requires a table of authorities
- Federal courts of appeals. FRAP 28(a)(3) for the appellant's brief; FRAP 28(b) applies it to the appellee's brief. Circuit rules add details, such as the D.C. Circuit's ban on passim.
- The U.S. Supreme Court. A cert petition over 1,500 words (Rule 14.1(c)), a merits brief over 1,500 words (Rule 24.1(c)), and any document over 1,500 words in booklet form or five pages on 8½ × 11 paper (Rule 34.2).
- State appellate courts. Nearly all require one in principal briefs, under their own name and format (see the table above).
- Some trial courts, for long filings. The Central District of California requires “an indexed table of the cases, statutes, rules, and other authorities cited” for any memorandum or brief over ten pages (L.R. 11-8). California superior courts require one for a memorandum over 10 pages (rule 3.1113(f)). Many judges' standing orders say the same.
What goes in a table of authorities
- Category headings in the order your court uses. Cases come first almost everywhere; constitutional provisions, statutes, regulations, rules and other authorities follow. See table of authorities order.
- One entry per authority, written as the full citation: case name, reporter, first page, court if needed, and year. Pin cites stay out of the entry.
- Page references to every brief page where the authority is cited, in ascending order, with a dot leader running to right-aligned numbers.
- *Short forms, Id.* and supra** are not listed separately; their pages are credited to the full entry. See Id. and supra in a table of authorities.
- No record cites and no self-references: the TOA does not index its own pages or the table of contents.
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.
A short example
Table of Authorities
Real authorities; page numbers from a hypothetical 12-page brief
| Authority | Page(s) |
|---|---|
| Cases | |
| Greer v. United States, 593 U.S. 503 (2021) | 3, 6-7, 10 |
| Rehaif v. United States, 588 U.S. 225 (2019) | 2-4, 8 |
| Strickland v. Washington, 466 U.S. 668 (1984) | 11 |
| Constitutional Provisions | |
| U.S. Const. amend. VI | 11 |
| Statutes | |
| 18 U.S.C. § 922(g) | 2, 4 |
| 28 U.S.C. § 1254(1) | 1 |
| Rules | |
| Fed. R. Crim. P. 52(b) | 6, 7 |
The ranges (6-7, 2-4) are used only because the authority is cited on every page in the range, which is what Supreme Court Rule 34.2 allows. The page numbers are the numbers printed on the brief's pages, starting at 1 after the front matter, not the page count shown in a PDF viewer.
Table of authorities vs. table of contents
| Item | Table of contents | Table of authorities |
|---|---|---|
| What it lists | The brief's sections and argument headings | The legal authorities the brief cites |
| Order | Order of appearance in the brief | By category, then alphabetical (cases) or numerical (statutes) |
| Page references | The page where each section starts | Every page where each authority is cited |
| Federal rule | FRAP 28(a)(2) | FRAP 28(a)(3) |
| Where it goes | First, right after the cover and any disclosure statement | Right after the table of contents |
| Illinois exception | Combined with authorities in “Points and Authorities” | Listed under each argument heading |
How people make a table of authorities
| Method | Starts from | Notes |
|---|---|---|
| Word for Windows (built in) | Word document | Mark each citation (Mark Citation), then Insert Table of Authorities. Microsoft says TOAs “aren't supported in Word for Mac or Word for the web.” |
| By hand | Any draft or PDF | Search every authority, record printed page numbers, type the list with dot-leader tabs. Slow; error-prone on long briefs. |
| Word add-ins | Word document | Litera Best Authority, Benchly (ezBriefs), Clearbrief, Lexis for Microsoft Office, Thomson Reuters Drafting Assistant. Mostly Windows Word; priced as published by each vendor. |
| Formatting services | Your draft | Human brief-formatting services such as TypeLaw prepare the tables for you. |
| BriefMark (live) | Word .docx | Runs in the browser without uploading the file; writes Word's TA field codes back into the .docx so the table is built in Word. |
| BriefAuthority (pre-launch) | Final PDF | Browser tool in development, built to read the filed PDF on your computer, show a review screen, and export a .docx TOA. Not yet available. |
Whichever method you use, build the table last, from the final paginated version, and spot-check page numbers against the document you will file. No TOA tool checks whether a case is still good law; that is a citator's job.
Frequently asked
What is a table of authorities in a legal brief?
It is an index at the front of the brief listing every case, statute, constitutional provision, rule and other authority cited, grouped by category, with the brief pages where each appears. FRAP 28(a)(3) requires one in federal appellate briefs.
Is a table of authorities the same as an index of authorities?
Yes, in substance. Texas uses “index of authorities” (Tex. R. App. P. 38.1(c)), Florida uses “table of citations,” and the U.S. Supreme Court uses “table of cited authorities.” Illinois “Points and Authorities” is different: authorities are listed under each argument heading.
What is the difference between a table of contents and a table of authorities?
The table of contents lists the brief's sections and headings with their starting pages. The table of authorities lists the legal sources cited, by category, with every page where each is cited. The TOC comes first.
Do I need a table of authorities for a motion or memorandum?
Sometimes. Many trial courts require one only for long filings, such as C.D. Cal. L.R. 11-8 for memoranda over ten pages and California rule 3.1113(f) for memoranda over 10 pages. Check your court's local rules and the judge's standing order.
Do page numbers in a table of authorities refer to the brief or the case?
To the brief. The entry gives the authority's full citation; the page references are the brief's printed page numbers where it is cited.
Is Id. listed in a table of authorities?
No. Id. refers to the preceding authority, so its page is added to that authority's entry. The same goes for short forms and supra.
Can I make a table of authorities on a Mac?
Microsoft says TOAs aren't supported in Word for Mac or Word for the web, though some Mac builds still show a legacy dialog. Mac users typically build it by hand, use a Windows machine, or use a browser tool that works from a .docx or a PDF.
Sources
- Cornell LII — Federal Rules of Appellate Procedure, Rule 28. Briefslaw.cornell.edu
- Supreme Court of the United States — Rules of the Court (effective March 16, 2026, PDF)supremecourt.gov
- Texas Rules of Appellate Procedure (Texas Judicial Branch, PDF)txcourts.gov
- Florida Rules of Appellate Procedure, July 1, 2026 (The Florida Bar, PDF)www-media.floridabar.org
- Illinois Supreme Court Rule 341. Briefs (PDF)ilcourtsaudio.blob.core.windows.net
- California Rules of Court, rule 8.204courts.ca.gov
- California Rules of Court, rule 3.1113courts.ca.gov
- U.S. District Court, C.D. Cal. — Local Rulescacd.uscourts.gov
- Microsoft Support — Create a table of authoritiessupport.microsoft.com
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