Table of authorities - what it is, the rules, and how to build one fast

Short answer: a table of authorities (TOA) is the index at the front of a brief that lists every case, statute, rule and other authority cited, with the brief pages where each appears. Federal appellate briefs must have one (FRAP 28(a)(3)), and many state appellate and trial courts require one for longer briefs. Cases are listed alphabetically, then statutes, rules and other authorities; "passim" replaces page numbers for an authority cited throughout. Building it by hand is slow and error-prone; tools such as Word's citation marking or LegiMatch Brief Check generate it from the brief - LegiMatch also verifies each citation against the court's opinion while it builds the table.

What goes in a table of authorities

Your court's local rules may change the categories or order - check them first.

The rules that require one

• Federal courts of appeals: FRAP 28(a)(3) requires "a table of authorities - cases (alphabetically arranged), statutes, and other authorities - with references to the pages of the brief where they are cited." The appellee's brief has the same requirement (FRAP 28(b)).
• US Supreme Court: briefs on the merits must include a table of cited authorities (Sup. Ct. R. 24.1).
• State courts: nearly every state's appellate rules require one; many trial courts require one for briefs above a page limit. Check the local rules.

Formatting conventions

• Full citation, once. List each authority by its full citation, in the same form used in the brief.
• Every page it appears on, including short-form cites ("Smith, 500 S.W.3d at 4") and "Id." references.
• Passim - Latin for "here and there" - when an authority appears on so many pages that listing them isn't useful. A common practice is five or more pages, but follow your court's rules.
• Dot leaders between the citation and the page numbers.
• Page numbers of the brief, not of the authority.

Common mistakes

1. Missed short cites and "Id." cites. They count as citations on that page.
2. Inconsistent citation forms - the same case listed twice because it was cited two different ways.
3. Wrong page numbers after edits. Any change to the brief can shift pages; rebuild the table last.
4. Citations that are wrong in the brief itself. A TOA faithfully indexes errors - an invented case, a wrong name, a bad pin cite. Verify the citations before you finalise the table.

Three ways to build one

With LegiMatch, upload the final brief (PDF or Word) or paste the text. You get the table of authorities - cases, statutes and rules, with brief pages and passim where it applies - together with a report flagging any citation problems, as PDF or Word. Brief Check is unlimited on every plan and in the 14-day free trial. See how to check a brief for fake citations before you file.

Frequently asked questions

What is a table of authorities in a legal brief?

An index at the front of a brief listing every authority cited - cases, constitutional provisions, statutes, rules and secondary sources - with the page numbers of the brief where each is cited, so the judge can find them quickly.

Is a table of authorities required?

In the federal courts of appeals, yes (FRAP 28(a)(3)), and in the US Supreme Court for merits briefs (Rule 24.1). Most state appellate courts require one, and many trial courts require one for longer briefs. Always check the local rules.

What does "passim" mean in a table of authorities?

"Here and there". It replaces page numbers for an authority cited on so many pages of the brief that listing them all isn't helpful.

How are cases ordered in a table of authorities?

Alphabetically by the first party's name, usually ignoring procedural phrases such as "In re" and "Ex parte". Statutes and rules follow in their own sections, ordered by code and section number.

Can Word create a table of authorities automatically?

Yes. You mark each citation with "Mark Citation" and insert the table from the References tab. Word indexes what you marked but doesn't check that the citations are correct.

What's the fastest way to make a table of authorities?

Generate it from the finished brief with a tool that finds every citation automatically. LegiMatch Brief Check builds the table and checks each case citation against the court's opinion at the same time, in about a minute.

Sources

• Fed. R. App. P. 28(a)(3), 28(b)
• Sup. Ct. R. 24.1
• The Bluebook: A Uniform System of Citation (21st ed. 2020)