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I agree with judge Michael Reed’s preference for pinpointing paragraphs with ¶, the pilcrow symbol - see block quote below. But which other Anglo-American judges do this? What legal citation methods recommend ¶?

The Oxford Standard cites paragraphs in two different ways.

In pinpoint citations, it used square brackets, for example, Hussain v Acorn Independent College Ltd [2011] IRLR 463 [31]-[32]. Elsewhere, for example, where referring to an article or book, it uses the abbreviation ‘para’, for example, ‘Naomi Cunningham and Michael Reed, Employment Tribunal Claims: Tactics and Precedents (3rd edition, Legal Action Group 2010), para 8.43.’

I find this inconsistent and I don’t like either method. Using square brackets for both the year and the paragraph looks odd to me, and the use of two sets of square brackets to show a range of paragraphs looks ugly. ‘Para’ is fairly unobjectionable, but takes up too much room.

In any event, I think there is a better way — the pilcrow (¶) — a convenient typographical character used, among other things, to indicate a reference to a paragraph. So I would write Hussain v Acorn Independent College Ltd [2011] IRLR 463 ¶31-32. This, to my eye, looks better and it’s shorter (6 characters, compared with 9 using either square brackets or ‘para’).

I suspect one of the reasons that the pilcrow is not used is that people don’t know how to produce one on their word processors. If you are using a mac, the keyboard shortcut is alt-7; if you are using windows, it is alt + 0182.

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    Appellate courts in Ohio use pilcrows.
    – bdb484
    Commented Oct 10 at 1:42
  • @bdb484 Can you link to judgments with such use please?
    – user16249
    Commented Oct 22 at 19:32
  • I would be linking to virtually every opinion published in the last two decades. Pull up anything since 2006, I think.
    – bdb484
    Commented Oct 23 at 1:18

2 Answers 2

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These practices are generally adopted on a court system by court system basis, rather than by individual judges.

The United States is currently in a transitional stage with regard to this issue. This is a somewhat stylized recounting of how this came to be.

Historically, cases were referred to by the volume, initial page number, and pinpoint citation page number of the material in question in a privately assembled and printed case reporter, such as "U.S. Reports" or the "Pacific Reporter." In this area, the pilcrow was used mostly in contracts and selected statutes and regulations, rather than in court opinions.

Eventually, the West Corporation came to be the dominant published of case reporters and sought to use its copyright in the page numbers of its reporters to bar other firms from entering the field of legal research and case reporting. West lost its copyright cases, but state courts nonetheless grew concerned about this tactic and their reliance upon a single privately owned company for the whole of their case law system. Further, the rise of electronic media made a paper agnostic system of case citation desirable.

Eventually state appellate courts started to adopt a publisher and "media neutral citation system." Colorado's system illustrates how these work.

Published cases are assigned a case number based upon the year it is decided, the appellate court deciding it, and the sequence of the announcement of the decision in the year. So, the 43rd case decided by the Colorado Court of Appeals in the year 2024 would have the case number 2024 COA 43, and the 12th case decided by the Colorado Supreme Court in the year 2023 would have the case number 2023 CO 12.

To facilitate pinpoint citation, courts adopting this system started to assign paragraph numbers to each paragraph of their opinion. So, a pinpoint citation to the 7th paragraph of the 12th case decided by the Colorado Supreme Court in the year 2023 would be cited 2023 CO 12, ¶ 7. Some trial courts have also started to number their paragraphs, although this practice is less uniform.

Many U.S. states and a small number of U.S. federal courts have adopted this system for cases decided on or after the year the system was adopted in that state, and this is slowly growing. In some states, judges and lawyers must use the new citation system to refer to new cases in legal documents, while in other states, it is optional and the historical methods of case citation may be used instead. As explained at the link in this paragraph (which is a slightly outdated since I believe that more courts have adopted the system since this was written in 2021):

In 1996, the American Bar Association approved a resolution recommending that courts adopt a uniform public domain citation system "equally effective for printed case reports and for case reports electronically published on computer disks or network services" and laying out the essential components of such a medium-neutral system (see § 1-500). The American Association of Law Libraries had previously gone on record for "vendor and media neutral" citation and has since issued a Universal Citation Guide that details an approach consistent with that urged by the ABA. An increasing number of jurisdictions have adopted citation schemes embodying some or all of the elements recommended by these national bodies. North Dakota is representative. Its court rules state in relevant part:

When available, initial citations must include the volume and initial page number of the North Western Reporter in which the opinion is published. The initial citation of any published opinion of the Supreme Court released on or after January 1, 1997, contained in a brief, memorandum, or other document filed with any trial or appellate court and the citation in the table of cases in a brief must also include a reference to the calendar year in which the decision was filed, followed by the court designation of "ND", followed by a sequential number assigned by the Clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, memorandum or other document must include the paragraph number and sufficient references to identify the initial citation.

N.D. R. Ct. 11.6(b).

The Rule supplies examples, e.g.:

Smith v. Jones, 1997 ND 15, 600 N.W.2d 900 (fictional). Smith v. Jones, 1996 ND 15, ¶ 21, 600 N.W.2d 900 (fictional). For decisions of the North Dakota Court of Appeals, the formula is the same with the substitution of "ND App" for "ND". In jurisdictions adopting such a vendor- and medium-neutral citation scheme, that scheme should be used, together with one or more parallel reporter citations as may, indeed, be required by court rule or local practice.

While the formats and other details vary slightly, several other jurisdictions have implemented case citation schemes employing the same basic structure—case name, year, court, sequential number, and (within the opinion) paragraph number or numbers. In addition to North Dakota these include Colorado, Maine, Montana, New Mexico, Oklahoma, South Dakota, Utah, Vermont, Wisconsin, and Wyoming. North Carolina has adopted this scheme, effective as of the beginning of 2021. In 2009 Arkansas began to designate its appellate decisions in this way, while retaining page numbers within the court-released pdf file as the means for pinpoint cites. Four other states, Louisiana, Mississippi, Ohio, and, most recently, Illinois, have adopted medium-neutral citation systems, but along the significantly different lines noted below. At the federal level, the progress has, to date, been minimal. The U.S. Court of Appeals for the Sixth Circuit began to apply medium-neutral file names to its own decisions in 1994, but it has never directed attorneys to use them nor employed them itself in referring to prior decisions that have appeared in the Federal Reporter series. Among district courts, the District of New Hampshire stands alone. Since 2000 some, although unfortunately not all, of its substantive opinions have carried case designations in the format "2020 DNH 081". The court's judges use these citations in decisions, and local citation rules call upon lawyers to employ them as well.

Ohio's case numbering approach operates across the entire state court system rather than court by court, with the result that successive decisions of the state supreme court may be numbered 3957 and 3995. (These system-wide numbers are assigned by the state's reporter of decisions.) Illinois, Louisiana, and Mississippi use the docket number as the case ID rather than generating a new one based on year and decision sequence. In addition, Louisiana, like Arkansas, uses slip opinion page numbers rather than paragraph numbers for pinpoint citation. The U.S. Court of Appeals for the Sixth Circuit does the same.

Most jurisdictions adopting a medium-neutral system have done so prospectively only. Citations to cases that pre-date the change must still employ reporter volume and page numbers. Two states, however, have retrofitted all past reported decisions with neutral citations and paragraph numbers. The court rules of one of them, Oklahoma, strongly encourage the use of the print-independent citations for those older cases, and the state’s appellate courts model the practice. In New Mexico the neutral citation system has, since 2013, been required for citations to opinions dating all the way back to 1852.

A few jurisdictions have moved to official electronic publication of case reports without altering traditional volume and page number citation. Putnam v. Scherbring, decided by the Nebraska Supreme Court in September 2017, has been "297 Neb. 868" from the moment of its release. The citation refers to the decision's volume and page number in a book that will never be printed. Official publication of the Nebraska Reports has moved online. Its volumes are now virtual. Each decision begins a fresh page. When the page count climbs to 1,000 or so, the next nominal volume is begun.

Cases before this system was adopted are cited in the traditional way such as 456 P.2d 587, 600 (Colo. App. 1992), so most appellate court opinions and briefs by attorneys have a mix of different citation systems in them. The portion of a case citation with the names of the parties is unchanged.

Australia has made a similar transition.

I don't know what other Anglo-sphere legal systems have done in this regard.

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    Australia, NZ, Canada and the UK all adopted essentially the same system of neutral citation, distinguished by the use of square brackets around the year, around the turn of the century and the emergence of the free law publishers AustLII, NZLII, CanLII and BAILII.
    – sjy
    Commented Oct 10 at 0:58
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    @sjy "around the turn of the century" Make a guy feel 125 years old why don't you!
    – ohwilleke
    Commented Oct 10 at 2:05
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Not Australians

Australia uses the Australian Guide to Legal Citation published by Melbourne University Law School.

A pinpoint reference to a paragraph should appear as a number in square brackets. It should not be preceded by 'para'. However, note that 'para' is used for legislative materials (rule 3.1.4) and certain international materials (eg rule 9.2.13) instead of square brackets.

Rule 1.1.6 Pinpoint References

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