When is a table of authorities required? Appeals, motions and page thresholds

Reference table: who requires a TOA, and when

Federal appeals: principal, reply and amicus briefs

FRAP 28(a) lists the contents of the appellant's brief “under appropriate headings and in the order indicated”: the disclosure statement, the table of contents, then the table of authorities as item (3). There is no length trigger, so even a short brief needs one. FRAP 28(b) makes the appellee's brief conform to items (1) through (8) and (10); only the jurisdictional statement, issues, statement of the case and standard of review may be omitted, so the TOA stays. FRAP 28(c) expressly requires a table of contents and table of authorities in a reply brief, with references to “the pages of the reply brief.” For amicus briefs, FRAP 29(a)(4) says the brief “need not comply with Rule 28” but must include, as item (C), the same table of authorities. Circuit rules can add requirements, so check your circuit's local rules too.

The U.S. Supreme Court

The Supreme Court is the main court with a length trigger for appellate filings. A merits brief needs the tables if it exceeds 1,500 words (Rule 24.1(c)). A certiorari petition, and every other document except a joint appendix, needs them if it exceeds 1,500 words in booklet format or five pages on 8½ × 11 paper (Rules 14.1(c), 34.2). Rule 34.2 also bans passim. The rules and a worked example are on our Supreme Court table of authorities page.

State appellate courts

State appellate rules generally require the table in every brief, but the names and details differ. California rule 8.204(a)(1)(A) requires each 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.” Texas uses the term “index of authorities”: TRAP 38.1(c) says it must be “arranged alphabetically and indicating the pages of the brief where the authorities are cited.” Florida rule 9.210(b)(2) requires a “table of citations,” and subdivisions (d) and (e) carry it into reply and cross-reply briefs. New York's Appellate Division rule, 22 NYCRR 1250.8(b)(2), requires “a table of cases (alphabetically arranged), statutes and other authorities, indicating the pages of the brief where they are cited,” and applies it to respondents' and reply briefs through subdivisions (c) and (d).

Illinois is the outlier. Rule 341(h)(1) requires “[a] table of contents, including a summary statement, entitled ‘Points and Authorities,’” built from “the headings of the points and subpoints as in the Argument, with the citation under each heading of the authorities relied upon or distinguished,” and the brief page for each. Authorities are grouped by argument point, not alphabetized in one list. Older versions told filers to cite cases “in the order of their importance”; that sentence is not in the current rule (last amended effective October 1, 2020), though appellate opinions still quote it.

Trial courts: long memoranda

Trial courts rarely require a table for a short motion, but many require one past a page count. In California superior courts, rule 3.1113(f) says: “A memorandum that exceeds 10 pages must include a table of contents and a table of authorities.” A memorandum over 15 pages also needs an opening summary of argument. In the Central District of California, L.R. 11-8 requires an indexed table of contents and “an indexed table of the cases, statutes, rules, and other authorities cited” for any memorandum or brief over 10 pages, excluding exhibits. The Eastern District of Texas puts its 10-page rule in L.R. CV-3(b) and (d), which cover habeas and § 2255 filings and civil rights complaints and responses; its general motion rule, CV-7, sets page limits without that sentence. The Southern District of Indiana requires a table of authorities only when the court lets a supporting or response brief exceed 30 pages (L.R. 7-1(e)(3)). Individual judges' standing orders can add requirements, so read them too.

Pro se and informal briefs

Some courts relax the formal requirements for self-represented parties. In the Fourth Circuit, Local Rule 34(b) sets an informal briefing schedule in pro se appeals. The brief may be filed on the clerk's form, which asks for the issues, supporting facts and argument, and the rule states: “It is not necessary to cite cases in an informal brief.” No table of authorities is required, but the brief and any attached memorandum must stay within FRAP 32(a)(7) limits. Being pro se is not a general exemption. Illinois appellate courts, for example, have said a pro se party “must comply with the same rules of procedure required of attorneys.” At the U.S. Supreme Court, a pro se in forma pauperis petition over five pages still needs both tables.

Do tables count toward word limits?

Not under any rule checked for this page. FRAP 32(f) lists items that “do not” count, including the “table of contents” and “table of citations.” The Supreme Court excludes both tables in Rule 33.1(d). California excludes “[t]he tables required under (a)(1)” (rule 8.204(c)(3)). Texas's TRAP 9.4(i)(1), as amended effective January 1, 2026, excludes the “index of authorities.” Florida (rule 9.210(a)(2)(E)), New York (1250.8(f)(2)) and Illinois (Rule 341(b)(1)) do the same. So a long table will not push you over the limit, but the brief body must still fit.

Last verified: 2026-09-24 against the official rule texts listed below. Rules and local rules change; confirm the current version before filing. This page is general formatting information, not legal advice.