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Chapter 6Free sample

Typeface by Document Type

Which words go italic, roman or small capitals, in a brief, a memo or a law review.

Typeface tells your reader what kind of word comes next before they read it. Italics flag names, titles and the short words that comment on a citation; roman carries the address. The document you write, not the source you cite, picks the system. Below, one citation is set for a brief, then for a law-review footnote. Only the case name changes.

In a brief, motion or memo

See United States ex rel. Schutte v. SuperValu Inc., 598 U.S. 739, 749 (2023).

  1. 1 signal: italic
  2. 2 case name: every word italic, ex rel. and v. included
  3. 3 comma after the name: roman
  4. 4 address: volume, reporter, pages, year, all roman

The same citation in a law-review footnote

See United States ex rel. Schutte v. SuperValu Inc., 598 U.S. 739, 749 (2023).

  1. 5 signal: still italic
  2. 6 case name: roman in a footnote citation; ex rel. stays italic
  3. 7 address: unchanged

Which words are italic is citation form. Which font and point size the page uses is a court’s format rule (6.8), and it never changes how a citation is built. The opinion texts we count elsewhere lose their italics, so each statement here rests on a rule, an official manual or a published guide; the two counts come from journal PDFs that keep their fonts.

6.1Which system: brief, memo or law review

In the print and Kindle editions

6.2Briefs, motions and memos: what goes in italics

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6.3Where italics start and stop

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6.4Italics or underlining: pick one

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6.5Law-review footnotes: roman, italics and small capitals

In the print and Kindle editions

6.6Latin, foreign words and procedural phrases

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6.7Court style manuals: whose typeface binds you

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6.8Font and type size: format rules, not citation form

In the print and Kindle editions

6.9Errors to catch

In the print and Kindle editions

Chapter 6: Typeface by Document Type — The Citation Code