Citations, what do they mean?
B.L.U.F.What do all of those citations mean, and why is it important?
(1900 words)
There are two types of items that can possibly be cited in a legal “brief”. Those are the opinion or ruling of the court, and things submitted to the docket of a case.
With “real” legal briefs and opinions, they never(?) cite to docketed material in other cases. They might cite to items on this case’s docket. These are sometimes difficult to figure out, but it is possible.
Most of the problems stem from abbreviations. As an example, when a case is appealed, the parties might be asked to submit a “joint appendix”. This is often a multi-volume submission of hundreds of pages with all referenced works listed. In the latest filing by the state in Duncan v. Bonta the state cites some 28 different documents.
This is similar to the bibliography that some of my posts include.
Once the Joint Appendix is filed, the parties refer to those citations by “JA #”, where “#” is the number of that entry in the joint appendix. This makes it somewhat easier for the people reading to recognize the citations they have already processed. All it takes is a checkmark next to that citation to tell the reader they have already read and analyzed that citation.
For us, common people, it means we have to find the joint appendix and access it to look up a citation. I’m almost to the point where I want to write software that takes a PDF of these references and turns it into a spreadsheet.
they never(?) cite to docketed material in other cases.. In looking at the state’s briefing, I noticed this citation, “United States v. Idaho No. 23-35440, Dkt. 49 (9th Cir. Sept. 28, 2023)”. I know that “Dkt. #” means a docket number. Thus, this is a citation to a docket entry in a different case.
I went to that docket to read what the state was citing. Filed Order for PUBLICATION (BRIDGET S. BADE, KENNETH K. LEE and LAWRENCE VANDYKE) The Legislature’s motion for a stay pending appeal is therefore GRANTED. [12800920] [23-35440, 23-35450] (AH) [Entered: 09/28/2023 03:56 PM]
This means that the Ninth Circuit three judge panel not only granted the requested stay by Idaho, they also wanted that order published.
When the appeals court “publishes” something, it becomes case law for that circuit.
Which explains the exception. Also note that the state, in Duncan v. Bonta is citing an order by one of the two circuit judges who are for The People.