Case Law
When citing a case for the first time in the text of an opinion (majority, concurring, or dissenting) use the full case citation. (If the case has previously been cited in full in a footnote, then the first textual citation to the case should still be a full citation.) See page 13.
The basic citation format for a full case citation includes these elements, in this order: name of the case (using the official running head, but redacting any protected party's name to initials in VAWA cases, see example on page 25); volume, abbreviated name of the official reporter, and beginning page number of the case; parallel citation to regional reporter; parenthetical indicating year case was decided; subsequent history; and any other pertinent parenthetical information.
PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993).
NOTE: Oregon Supreme Court cases issued before 1888 have no parallel citations.
On rehearing
Older Oregon cases with separate "rehearing" decisions have one Oregon citation (because the rehearing decision was published immediately after the initial decision), but two West citations. For those cases, the year shown in the published case name at the top of the odd- or even-numbered pages is the year that a decision on rehearing was issued, not the year that the case initially was decided (if different). Citation to such cases depends on whether you are citing to the original decision or the decision on rehearing.
If citing the initial decision, include the date of that decision, then include the rehearing information as subsequent history:
State v. Laundy, 103 Or 443, 455, 204 P 958 (1921), reh'g den, 103 Or 503, 206 P 290 (1922).
NOTE: Opinion on the merits begins on page 443, but opinion on rehearing starts on page 503.
If citing the rehearing decision, then cite both decisions, with the rehearing year and a "rehearing" indicator:
State v. Laundy, 103 Or 443, 503, 206 P 290 (1922) (on rehearing).
On reconsideration (specify disposition):
Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 322 Or 406, 908 P2d 300 (1995), modified on recons, 325 Or 46, 932 P2d 1141 (1997).
NOTE: If citing only the case on reconsideration, it is not necessary to include the earlier case citation, e.g., Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 325 Or 46, 932 P2d 1141 (1997).
Overruled by subsequent Oregon case:
Rose v. Port of Portland, 82 Or 541, 552, 162 P 498 (1917), overruled in part on other grounds by State ex rel Heinig v. Milwaukie et al, 231 Or 473, 479, 373 P2d 680 (1962).
Rejected by subsequent Oregon case:
State v. Smith, 295 Or 200, 625 P2d 20 (1981), rejected in part by State v. Jones, 321 Or 100, 805 P2d 150 (1991).
(Other alternatives, such as, "abrogated by" and "questioned by," can be used as appropriate.)
Certiorari (or writ) denied by United States Supreme Court:
Dept. of Trans. v. Lundberg, 312 Or 568, 825 P2d 641, cert den, 506 US 975 (1992).
Whitman v. United States, 904 F Supp 2d 363 (SDNY 2012), writ den, 574 US ___, 135 S Ct 352 (2014).
NOTE: (1) Always include cert den, if applicable. (2) If certiorari is dismissed, use the same format as the above example, substituting "cert dismissed" for "cert den." (3) Unless certiorari is denied or dismissed by opinion, parallel citations are not necessary for "cert den" or "cert dismissed" after they are published in the United States Reports.
Certiorari granted by United States Supreme Court (include as much information as is available at the time that you are writing). These examples list earliest to latest sources:
State v. Ice, 343 Or 248, 70 P3d 1049, cert granted, __ US __, 76 USLW 3496 (Mar 17, 2008).
State v. Ice, 343 Or 248, 70 P3d 1049, cert granted, __ US __, 128 S Ct 1657 (2008).
State v. Ice, 343 Or 248, 70 P3d 1049, cert granted, 552 US 1256 (2008).
Supreme Court opinion reversed by United States Supreme Court:
Gilliam County v. Dept. of Environmental Quality, 316 Or 99, 849 P2d 500 (1993), rev'd and rem'd sub nom Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore., 511 US 93, 114 S Ct 1345, 128 L Ed 2d 13 (1994).
Sub nom indicates that a different case name was used in subsequent history. Regarding changing case names, follow this rule: When the name of the case differs in prior or subsequent history, the new name must be given, except (1) when the parties' names merely are reversed; (2) when the citation in which the difference occurs is to a denial of certiorari or rehearing; or (3) when, in the appeal of an administrative action, the name of the private party remains the same.
Use the word "by" when referring to subsequent case history only if referring to an entirely different case, e.g.,
Keenan v. Norris-Lampe, 330 Or 456, 777 P2d 897 (1999), overruled on other grounds by Bennett v. Bauman, 333 Or 566, 790 P2d 654 (2001).
Otherwise, use sub nom, as explained above, e.g.,
Smith v. Jones, 330 Or 456, 777 P2d 897 (1999), rev'd on other grounds sub nom Jones and White v. Smith, 668 US 123, 113 S Ct 1346, 129 L Ed 2d 14 (2001).
Precedential opinions:
Lesch v. DeWitt, 118 Or App 397, 847 P2d 888 (1993).
Nonprecedential memorandum opinions (cited in accordance with ORAP 10.30):
State v. Nord, 320 Or App 672 (2022) (nonprecedential memorandum opinion).
NOTE: Because the parenthetical included in nonprecedential memorandum opinions concerns weight of authority, it precedes any subsequent history, such as opinions on reconsideration or the denial of review by the Supreme Court, e.g., Party v. Party, 320 Or App 486 (nonprecedential memorandum opinion), rev den, 370 Or 56 (2022).
Overruled by subsequent Oregon case:
Eklund v. Clackamas County, 36 Or App 73, 583 P2d 567 (1978), overruled on other grounds by Forman v. Clatsop County, 63 Or App 617, 665 P2d 365 (1983).
Supreme Court review denied:
Allred v. Board of Parole, 124 Or App 278, 862 P2d 546 (1993), rev den, 318 Or 325 (1994).
More than one petition for review denied:
Allred v. Board of Parole, 124 Or App 278, 862 P2d 546 (1993), rev den, 318 Or 325; 318 Or 502 (1994).
NOTE: (1) Always include rev den and cert den, if applicable. (2) Unless the review denied or certiorari denied citation is not available or there is an opinion denying review or certiorari, parallel citations are not necessary. (3) Before 1976, disposition of petitions for review were not published; accordingly, only the year and disposition are indicated, e.g., State v. Smith, 14 Or App 72 (1973), rev den (1974). (4) When a petition for review has been filed in a case, but not yet acted on, the current practice of the appellate courts is NOT to show that review is pending. However, practitioners may want to do so when writing a brief.
Supreme Court review allowed, but case not yet decided:
Lesch v. DeWitt, 118 Or App 397, 847 P2d 888, rev allowed, 317 Or 162 (1993).
Supreme Court review allowed, then later dismissed:
Finch v. Andrews, 124 Or App 558, 863 P2d 496, rev dismissed, 320 Or 267 (1994).
NOTE: If applicable, it is optional to include "as improvidently allowed" after "rev dismissed."
Court of Appeals decision affirmed by Supreme Court:
State v. McCoy, 17 Or App 155, 521 P2d 1074, aff'd, 270 Or 340, 527 P2d 725 (1974).
Court of Appeals decision reversed by Supreme Court:
State v. Cloutier, 33 Or App 121, 575 P2d 996, rev'd on other grounds, 286 Or 579, 596 P2d 278 (1979).
Court of Appeals decision remanded by Supreme Court:
State v. White, 59 Or App 61, 650 P2d 184 (1982), rem'd, 297 Or 302, 685 P2d 983 (1984).
Court of Appeals decision on reconsideration (specify disposition):
Kirpal Light Satsang v. Douglas County, 96 Or App 207, 772 P2d 944, adh'd to on recons, 97 Or App 614, 776 P2d 1312 (1989).
State v. Ramirez, 205 Or App 113, 133 P3d 343, adh'd to on recons, 207 Or App 1, 139 P3d 981 (2006), rev'd on other grounds, 343 Or 505, 173 P3d 817 (2007), adh'd to as modified on recons, 344 Or 195, 179 P3d 673 (2008).
NOTE: Whether to include "on other grounds" in subsequent history to the Court of Appeals opinion depends on the proposition for which the case is being cited.
Court of Appeals decision vacated by unpublished order:
Davis v. Johnson, 155 Or App 266, 958 P2d 907 (1998), decision vac'd by order, July 21, 1998.
Oregon review denied and United States Supreme Court certiorari denied (but not by opinion):
State Highway Com. v. DeLong Corp., 9 Or App 550, 495 P2d 1215, rev den (1972), cert den, 411 US 965 (1973).
Axen v. American Home Products Corp., 158 Or App 292, 974 P2d 224, adh'd to on recons, 160 Or App 19, 981 P2d 340, rev den, 329 Or 357 (1999), cert den, 528 US 1136 (2000).
If certiorari is dismissed, use the same format as the above example, substituting "cert dismissed" for "cert den."
Certiorari denied by opinion by United States Supreme Court:
State v. Smith, 30 Or App 462, 575 P2d 369, rev den, 282 Or 823 (1978), cert den, 454 US 324, 99 S Ct 379, 25 L Ed 2d 889 (1979).
Appeal dismissed by United States Supreme Court (if by opinion, as in the example below, include parallel citations; otherwise, cite only United States Reporter):
Boykin v. Ott, 10 Or App 210, 498 P2d 815, rev den (1972), appeal dismissed, 411 US 912, 36 S Ct 304, 93 L Ed 2d 1554 (1973).
Regular Division:
Fellows v. Dept. of Rev., 14 OTR 13(1999).
Unpublished Regular Division Decisions:
Fellows v. Dept. of Rev., TC 4952, WL 2037643 (Or Tax, May 24, 1999). (optional to include online reference, but recommended)
Magistrate Division:
Jacobs v. Harney Co., 16 OTR-MD 344(2001).
Unpublished Magistrate Division Decisions:
Jacobs v. Harney Co., TC-MD 994356Z, WL 842084 at *3 (Or Tax M Div, Apr 7, 2000). (optional to include online reference, but recommended)
NOTE: For citing subsequent history, refer to examples for the Court of Appeals.
Jones v. State of Oregon, ___ Or ___, ___, ___ P3d ___ (Apr 1, 2013) (slip op at 15:9-16).
Smith, ___ Or at ___ (slip op at 28:6 - 29:2).
Smith, ___ Or at ___, ___ (slip op at 28:6 - 29:2; slip op at 31:17 - 32:2).
NOTE: To ensure correct cross-referencing within a slip opinion, the appellate courts cite the appropriate page number(s). For added accuracy, the Supreme Court also includes the specific line number(s).
Smith v. Jones, ___ Or App ___, ___ n 3, ___ P3d ___ (Feb 1, 2013) (emphasis added) (slip op at 5 n 3).
State v. Cazares-Mendoza, Case No. C062326CR.
Case title in court records: Protected Party v. Second Party
Title Page format: P. P. v. SECOND PARTY
Full citation format (even if previously published as Party v. Party):
P. P. v. Party, 325 Or App 123, 456 P3d 789 (2023).
Short citation format: P. P., 325 Or App at 124.
NOTE: When redacting a name to initials, use the first letter of each name in the protected par-ty's name, maintaining hyphens, if used (e.g., Jane Doe-Smith v. John Doe would be formatted J. D.-S. v. Doe, if Jane is the protected party; Doe-Smith v. J. D., if John is the protected party). Short citation format follows the same rules set out below--using the first nongovernmental party, whether initials or not.
NOTE: If uncertain as to what the proper shortened case name would be for a case, such as an opinion issued the same day or a case that was affirmed without opinion, contact the Publications Program for the correct case name for citation purposes (as there is a limit to the number of characters that can be used).
When citing a case that has already been cited in the text of an opinion, use a short citation. However, if the only previous citation to a case is in a footnote, use the full citation the first time the case is cited in the text. See page 13.
When using a shortened case name in a short citation, the shortened case name is the first nongovernmental party appearing in the official case name citation, e.g.,
State v. Bates, 304 Or 519, 747 P2d 991 (1987). (full citation, first reference)
Short citation form is [shortened case name], [volume number] [reporter] at [page], e.g.,
Bates, 304 Or at 522 (eliminating the parallel citation).
When citing a specific page when the case name is used in the sentence being cited, or if there otherwise is no doubt as to the case being cited, the case name may be omitted from the citation, e.g.,
In Bates, this court stated that the officers violated defendant's constitutional rights by instructing him to move bag into view. 304 Or at 527.
or
In Bates, this court addressed a similar issue. The court held that, by order-ing defendant to move the bag, the police violated defendant's constitutional rights. 304 Or at 527.
Otherwise, include the shortened case name with the citation:
This court held that the officers violated defendant's constitutional rights by instructing him to move the bag into view. Bates, 304 Or at 527.
NOTE: Even when a governmental official is individually named, use the first nongovernmental party appearing in the official case name citation for the shortened case name.
If a shortened case name causes confusion, such as if two cases with similar names have been cited within the same opinion, then use the full case name for each throughout the opinion, e.g.,
State v. Bates
Bates v. Smith
When both parties have the same last name, as in some domestic relations matters, e.g., Smith and Smith, use Smith as the short cite.
Additionally, an explanation might need to be added for clarity, such as a modified case name in parentheses, if there are related cases in a series, e.g.,
The accused has a disciplinary record, having been suspended twice from the practice of law. See In re Wyllie, 326 Or 447, 952 P2d 550 (1998) (Wyllie I) (one-year suspension for refusing to comply with remedial program); In re Wyllie, 327 Or 175, 957 P2d 1222 (1998) (Wyllie II ) (two-year suspension for misrepresenting compliance with MCLE requirements and failing to cooper-ate). In Wyllie I, * * *
or
The Court of Appeals affirmed the tort judgment, concluding that it was unneces-sary to resolve the breach of contract counterclaim. Northwest Natural Gas Co. v. Chase Gardens, Inc., 146 Or App 249, 933 P2d 370 (1997) (Chase I ). This court allowed review in Chase I, reversed, and remanded for consideration of Chase's contract claim. Northwest Natural Gas Co. v. Chase Gardens, Inc., 328 Or 487, 982 P2d 1117 (1999) (Chase II ). On remand, the Court of Appeals, relying in large part on its earlier decision and this court's decision in Chase II, concluded that Chase's breach of contract judgment could not be sustained. Northwest Natural Gas Co. v. Chase Gardens, Inc., 164 Or App 763, 995 P2d 555 (2000) (Chase III ). We now reverse the Court of Appeals decision in Chase III.
In lawyer disciplinary cases, the shortened case name is the lawyer's last name, without the In re designation, e.g.,
In re Jones, 326 Or 195, 951 P2d 149 (1997). (full citation form)
Jones, 326 Or at 198. (short citation form)
In mandamus cases initiated after 1997, the case name is the same as the case name of the proceeding in the lower court, and the judge's name (if the case involves a circuit court judge action) does not appear in the title, e.g., State v. Foster. In older mandamus cases, the name of the judge whose action was being challenged was included in the title, together with a "State ex rel" designation; cite such cases as follows:
State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145 (1997). (full citation form)
Huddleston, 324 Or at 600. (short citation form)
NOTE: The appellate courts do not use "supra" as a substitute for short citations.
When citing a series of pages, indicate the page numbers as follows:
Stranahan, 331 Or at 57-58.
Fugate, 332 Or at 202-03. (not 202-3)
Joslin, 332 Or at 499-501. (not 499-01)
When citing the immediately preceding authority, it is acceptable to use id., e.g.,
Id. at 525.
If citing the same page of the immediately preceding authority, then use id. without the page number.
CAUTION: Do not use id. where there is an intervening citation to another authority (be it a case name, statute, or some other authority). When there is an intervening textual reference, use id. only when there is no danger of ambiguity.
State v. Trenary, 114 Or App 608, 610 n 2, 836 P2d 739 (1992).
Trenary, 114 Or App at 610 n 2. (short citation form)
When citing a series of footnotes, indicate the page numbers as follows:
State v. Trenary, 114 Or App 608, 610 nn 3-5, 836 P2d 739 (1992).
State v. Trenary, 114 Or App 608, 610 n 3, 611 nn 4 & 5, 836 P2d 739 (1992).
NOTE: Citation is to the first page on which the footnote appears, even if it spans more than one page, no matter where the pertinent text actually appears.
When citing text contained in the body of the opinion and also in a footnote set out on the same page, set out the page number twice, e.g.,
Trenary, 114 Or App at 610, 610 n 2.
or
Trenary, 114 Or App at 610 & n 2.
The majority cites a dissenting or concurring opinion in all references (regardless of the number of dissenting or concurring opinions) as follows:
The dissent contends that the statute operates prospectively only. ___ Or App at ___ (Smith, J., dissenting) (slip op at 3).
A dissent or concurrence cites the majority opinion as follows (do not include the case name):
The majority concludes that the statute operates retroactively. ___ Or App at ___ (slip op at 7).
A dissent or concurrence cites itself as follows:
As noted above, I dissent because I disagree with the majority's statutory con-struction and conclusion. ___ Or App at ___ (Smith, J., dissenting) (slip op at 1).
NOTE: Do not use supra or infra and do not use only "See note 6" when referring to earlier or later parts of an opinion (be it majority, concurring, or dissenting);
instead, use the short citation. For example, a majority internal citation is set out as:
As noted, ORS 813.010 prohibits driving under the influence of intoxicants.
See ___ Or App at ___ n 6 (slip op at 4 n 6).
Fellows, 14 OTR at 17. (Regular Division)
Jacobs, 16 OTR-MD at 347. (Magistrate Division)
When a name of a case takes a possessive ending, the " 's " is not italicized, e.g.,
Bates's rule applies in this case.
For United States Supreme Court cases, the case name for citation purposes is taken from the case name citation in the United States Reports (US), if available (which appears on the odd-numbered pages); otherwise, use the case name citation from an alternative reporter. (Note that the case name citations frequently differ in those publications.) The short citation also is to the US Reports, if available; otherwise, cite the Supreme Court reports, if available, if not, then cite the Lawyer's Edition. (Note that some material within the text of the Court's opinions, such as citations and quotations, often varies between publications.) If the US Reports citation is not available, insert "___ US ___" (including a blank for a jump / pinpoint) citation, if applicable) in all full and short citations, before the citation to an alternative reporter.
Wagner v. Oregon, 492 US 914, 109 S Ct 3235, 163 L Ed 2d 583 (1989). (first reference)
Wagner, 492 US at 916. (short citation form)
NOTE: It is acceptable to refer to Miranda v. Arizona without including full citation, e.g., "Miranda rights" or "Miranda warnings."
Johnson v. Clifton, 74 F3d 1087 (11th Cir), cert den, 519 US 808 (1996).
Freije v. United States, 408 F2d 100, 102 (1st Cir), cert den, 396 US 859 (1969).
U.S.v.Echeverri, 982 F2d 675 (1st Cir 1993).
United States v. Wainwright, 413 F2d 796, 803 (10th Cir 1969), cert den, 396 US 1009 (1970).
Lucas v. Seagrave Corporation, 277 F Supp 338 (D Minn 1967).
United States v. Zeiger, 350 F Supp 685 (DDC), rev'd, 475 F2d 1280 (DC Cir 1972).
If unpublished:
Smith v. Jones, No CV 96-6109 -TC (D Or Feb 5, 2001).
NOTE: For abbreviations of federal district courts, see The Bluebook.
United States v. Edwards, ___ US ___, 94 S Ct 1100, 39 L Ed 2d 771 (1974). (first reference)
Id. at ___, 94 S Ct at 1109 (short citation form)
Washington v. Glucksberg, ___ US ___, ___ S Ct ___, ___ L Ed 2d ___, 65 USLW 4669 (June 24, 1997).
United States v. Louiriev, 22 Crim L Rep 2369, ___ F2d ___ (8th Cir, Dec 30, 1977).
Naquin v. Elevating Boats, L.L.C., 744 F3d 927 (5th Cir), cert den, ___ US ___, 135 S Ct 357 (2014).
The order of authority for federal tax cases is (1) the United States Supreme Court; (2) federal courts of appeals; (3) federal district courts; and (4) the United States Tax Court. Federal tax cases from the United States Supreme Court, United States Court of Appeals, Court of Federal Claims, and United States District Court are combined and bound as "U.S. Tax Cases" therefore, the best citation will contain both the federal and parallel citations. For example,
Furlow, Jr. v. U.S., 55 F Supp 2d 360, 2000-1 US Tax Cas (CCH) ¶ 50,684 (D Md 1999).
NOTE: "U.S. Tax Cases" often is abbreviated as "USTC," but that is not the formal citation.
United States Tax Court:
Benson v. Commissioner, 80 TC 789(1983).
Crook v. Maine, 132 TCM (CCH) 44 (1999). (memorandum decision)
NOTE: For abbreviations of state and regional reporters, see The Bluebook.
For states other than Oregon, cite the official reporter first, then add the regional reporter when using jump / pinpoint citations because that benefits readers who have access to only regional reporters, e.g.,
In Statser v. Statser, 205 Okla 608, 611, 239 P2d 764, 766 (1951), the court stated:
[T] he terms of the condition are directed to defendant's granting or withhold-ing permission; the condition does not purport to authorize police action."
The court continued:
"Defendant, of course, may argue that the safeguard for employees exceeds the ordinary standard of due care considering the nature of the risk and the foreseeability of injury."
Id. at 615, 239 P2d at 768.
NOTE: The appellate courts accept practitioners' submissions jump / pinpoint citing only regional reporters except when citing Oregon appellate decisions.
For cases not yet appearing in publication, it is acceptable to use a citation to Westlaw, e.g.,
State v. Smith, No 26245-2-II, 2013 WL 651868 at *2 (Wash App Div 2, Apr 19, 2013).
When the official reporter (i.e., the state reporter) is the same for both the highest court and the intermediate appellate court, include the court abbreviation in the date parenthetical, e.g.,
State v. Gray, 231 Ariz 374, 295 P3d 951 (Ariz Ct App 2013).
When the official reporter is the regional reporter, include the court abbreviation in the date parenthetical, e.g.,
Golphin v. State, 945 So 2d 1174 (Fla 2006).
A case unreported in a print source can be cited if it resides online in a readily recognized source. The case name, number, database identifier, court name, and complete date should be included along with any other identifiers that are pertinent to its location.
Silva v. Mt. Bachelor, Inc., No CV 06-6330 -AA, 2008 WL 2889656 at *2 (D Or July 21, 2008).
For cases having a state citation, in part, and an online citation, in part:
Zollner v. Smith, 268 Ga App 480, 484, 602 SE2d 140, 141, rev den, 2004 Ga LEXIS 1059(2004).