Body of Opinion In General
Both custom and tradition influence the content and format of appellate opinions, as does the individual writing style of each judge. It is not the intent here to dictate that style, but to list standard conventions often used to organize opinions. In describing the elements of a typical opinion, our purpose is to give the reader a better understanding of appellate opinions.
Due to the scrutiny to which a published appellate opinion is subjected, the court's discussion, analysis, and holding need to be expressed clearly, succinctly, and carefully. An opinion is crafted to inform the reader of the legal issues presented, discuss the facts, explain the court's analysis, and conclude with the court's final disposition of the case. Because overly long sentences and paragraphs tend to appear formidable, all attempts are made to present the appellate opinion as straightforwardly as possible. Because appellate opinions are formal documents, contractions are used only when quoting from a source in which they appear.
Remember, these are general guidelines only, which means that there always will be exceptions. The requirements of an individual case may demand deviation from the norms here listed.
The opinion begins by restating the name of the authoring judge or justice or by using the Per Curiam designation in uppercase, set out separately as the first line. The introductory paragraph sets out the general nature of the case, which includes the results in any lower tribunal(s), the main issues on appeal / review, and the final disposition of the court. That provides the framework for the details that follow.
To the extent possible, the opinion refers to parties by their lower tribunal(s) designations, e.g., plaintiff, defendant, claimant, etc. Exceptions include the following:
When citing a concurring or dissenting opinion, the author's last name is used. When a dissenting or concurring opinion refers to the majority opinion, the majority opinion is referred to as such, not by its author.
If a party has a long name, a shortened version is usually developed for use in subsequent references, e.g., First Security Bank of the Northwest may be referred to simply as "First Security" or "bank."
The pertinent facts of a case are set out in a concise and objective manner. Those facts can be organized in patterns, e.g., chronologically or geographically, or by issue, witness, or actor. If an issue is complex, the facts may be set out in general here and then in more detail when discussing the issue to which they relate.
The opinion then addresses the dispositive issue(s) in a manner appropriate to the circumstances of the case. One approach is to state the parties' positions, either in the order in which they were raised below, discussed in the briefs, or dictated by circumstance; respond to those arguments; and then provide an explanation for the result reached by stating the authorities relied on. Simply stated, the discussion states the issue, how it is resolved on the facts of the case with citation to relevant authority, and the effect of the resolution.
The final paragraph states the result and gives instructions when necessary. The conclusion is followed by the tag line, a separate paragraph that sets out the court's final ruling and serves as further instruction to the lower tribunal(s).
If a case is complex, then the authoring judge may decide to divide the opinion into designated parts and label them to identify for the reader the discussion of the case. That is accomplished by using the methods discussed below.
An author may decide to use principal divisions within an opinion. When used, headings for those divisions are centered and set out in uppercase letters. Roman numerals are not used if subheads are omitted.
If dividing and labeling an opinion into sections and subsections, then the standard outline format is used as set out below. Standard outline rules apply, e.g., if there is a heading designated I., then there must be a II., if there is a subheading A., then there must be a B., etc. Initial caps are used in the first level of subheadings (on all words except articles, prepositions, and conjunctions) unless the subheading reads as a complete sentence. Each new level of subheading starts at a new level of indentation, with an indent following the number or letter.
The levels of outlining are referred to as follows:
Headings (indicated by Roman numerals)
Subheadings (indicated by uppercase letters)
Paragraphs (indicated by numerals)
Subparagraphs (indicated by lower case letters)
Subsubparagraphs (indicated by numbers within parentheses)
I. HEADING (centered, uppercase, no italic or boldface font, if there are no subheadings, then do not number headings) A. Subheading Example with Initial Uppercase Set subheading flush left, beginning with nonitalicized alpha character "A." Indent after alpha character, followed by italicized subheading. If subheading is not a sentence, then use initial uppercase, but if subheading is a sentence, then use a period and no initial uppercase after the first word. 1. Paragraph heading is indented and italicized (do not use initial uppercase after the first word; use a period only if a sentence). 2. If there is a paragraph 1, then there must be a paragraph 2. a. Subparagraph heading is indented twice, no italics. b. If there is a subparagraph a, then there must be a subparagraph b. (1) Subsubparagraph heading is indented yet again, no italics. (2) If there is a subsubparagraph (1), then there must be a subsubparagraph (2). B. This is an example of a subheading that does not require initial uppercase but does use a period, because it is a sentence. If there is a subheading A, then there must be a subheading B. Paragraphs that follow any of these headings are formatted like this one, flush left with a first-line indent. |
NOTE: With regard to case names in subheadings, if the opinion subheadings only involve the first scenario (see below), italicize the case name, which reads better to the reader. But, if the opinion subheadings have both scenarios (or only the second one), then format as follows, for internal consistency:
It may be more clear to organize certain text, e.g., events, dates, testimony, etc., using a bulleted or numbered list. The bulleted list generally is indented. The use of bullets can help to differentiate items in a list that need no particular order, e.g.,
Car of little or no value Boat valued at $10,000 Personal jewelry that is valued at more than $5,000, but less than $10,000, and similar items.Numbered lists, with each numeral appearing inside a set of paren-theses, help to organize and display information to show relationship, e.g.,
Defendant argues as follows:
See pages 87 to 88 for further discussion regarding the proper structure for numbered lists.
When construing a statute or administrative rule, for example, the author generally quotes the pertinent text. The purpose of quotation is to provide the reader with the information necessary to understand the court's discussion of the issues and the law governing its analysis. The proper format for quoted material is discussed in the Citation and Quotation sections.
Footnotes document sources of information or make ancillary references. Substantive information is best addressed within the body of the opinion. Footnote text begins on the same line as the superscripted footnote number, except when the footnote begins with a block quotation.
When citing a case in a footnote and the case has not previously been cited (in text or footnote), use the full case citation. If the case has already been cited (in text or footnote), then use a short citation. (Note that, if a case is cited for the first time in a footnote, then the first subsequent citation to that case in the text must also be a full citation. See pages 20 and 25.)
Footnote numbers, where applicable, are placed after periods, commas, colons, semicolons, and quotation marks. Footnote numbers also are placed after a closing parenthesis, unless the footnote refers to material inside the parentheses. Footnote numbers inserted within quoted material are set out using superscripted brackets.
It may be necessary to include graphic information to convey a more clear understanding of the issue(s). In that event, a photograph, map, or chart is either appended to the opinion or inserted within the text where applicable. When included, an appendix is usually first described in narrative form. The appendix typically begins on a separate page at the end of the opinion with the heading "Appendix."
Italic typeface is used within opinions to denote case names, to set out introductory signals, to indicate and less common foreign terminology, and to supply emphasis. See examples listed on page 67. Excessive use of italics for emphasis is discouraged.
Underscoring is used only in quotations when the original source used underscoring for emphasis or headings and the like.
It is best to avoid using a variety of styles and fonts within an opinion. Use of boldface or all uppercase letters in text is discouraged as a distraction to the reader. Italic type generally is sufficient to show emphasis. Avoid using UPPERCASE BOLDFACE ITALIC, as it is difficult to read.
When turning to a new issue or argument within an opinion, use introductory sentences or paragraphs to indicate transition between discussions. Use signal words to connect thoughts back to a preceding point or ahead to the next one, e.g., further, however, consequently, etc. Explore one idea per paragraph, relating each sentence to that central idea.