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Bar Journal - September 1, 2002

Citation Form in New Hampshire: You May Want to Consult the New ALWD Manual

By:
CITATION FORM IN
 

INTRODUCTION

Citation form. Not something most attorneys get excited about - figuring out the proper way to cite legal authorities. Many attorneys either suffer through it or actively dislike it. This may be because many attorneys were taught citation by having to labor through the Bluebook2  as first year law students. Lawyers use colorful language to describe this citation manual:

The Bluebook is the most hypertechnical text ever written. It makes the maintenance manual for the Hubble Space Telescope read like a Golden Book. The nit-picking complexity of the Bluebook over minutiae such as spacing, typeface and punctuation seems intentionally designed to trip up even the most anal-retentive student.3 

Judge Richard A. Posner, of the United States Court of Appeals for the Seventh Circuit expressed similar sentiments fifteen years ago, in Goodbye to the Bluebook.

The time that law students and lawyers spend mastering and applying the manifold rules of the Bluebook is time taken away from other lawyerly activities, mainly from thinking about what they are writing. . . . Less attention can be can be given writing and rewriting because so much is devoted to forms most of which don't matter worth a straw to the reader. Instead of learning the Uniform Commercial Code the student learns the Uniform Citation Code, which is almost as long, and far more arbitrary.4 

Perhaps because of this quasi-traumatic law school experience, and because following a strict citation format is not required in New Hampshire, few attorneys consult any kind of citation manual. Many attorneys either develop their own form, as remembered from law school, follow what their senior attorney does, or ask a paralegal to do it. If submitting documents to a court, attorneys may consult the form that court uses in its decisions. Or if one attorney in the law office has some law journal or clerkship experience, that attorney may become the "citation expert" in the office, consulting his or her Bluebook.5  This may be the most recent edition of the Bluebook; more likely it is the edition the attorney bought and used while in law school.6 

Exceptions exist. Judicial clerks at the New Hampshire Supreme Court use the newest edition of the Bluebook. But they consult it; they do not use it exclusively. In addition to the Bluebook, they also use a source referred to as "Ralph's Rules" which prescribes how the New Hampshire Supreme Court refers to authorities in its opinions.7 

The new experts in the office, those just graduated from law school, may consult an alternative to the Bluebook, the ALWD Manual.8  In fact, if you have recently hired students from New England law schools, this manual may be the citation authority they bring with them to work.9  Law students from Boston University, Franklin Pierce Law Center, University of Maine, New England School of Law, Northeastern, Quinnipiac, and Western New England are all taught citation using this method.10  There is a good reason why these students are taught using the ALWD Manual: it is a clear, straightforward manual that helps them cite better.11  Moreover, the ALWD Manual's rules are essentially the same as the Bluebook's - but the manner of presentation makes it possible to successfully navigate and master citation form.12 

This article will present the ALWD Manual, an alternative system of citation, and discuss its relevance for New Hampshire attorneys. The article will begin with a brief discussion of the general purpose and goals of citation, followed by a description of New Hampshire court rules regarding citation. Next the article will introduce the ALWD Manual, discuss some of its benefits, and make some general comparisons between it and the Bluebook. The article will conclude by showing how the ALWD Manual can be effectively consulted by New Hampshire attorneys in meeting New Hampshire practice requirements and the goals of citation, and why it may be helpful for New Hampshire attorneys to use a more consistent method of citation.

THE GENERAL PURPOSE AND GOALS OF CITATION

Accurate citations are critical in legal documents. In terms of the propositions they support, citations tell the reader the source of the proposition, where to find it, and how much deference to accord it.13  Citations are also essential to proper attribution of words and ideas.14  In addition, citations reveal information about the writer: inaccurate and missing citations suggest a carelessness that may be reflected in the quality of the arguments advanced.15  More than anything else, the content of citations must be accurate. As one writer noted: "A legal citation should inform the reader of three things: where to find the cited authority, its weight, and the extent to which it supports what the writer is saying. If a citation accomplishes those functions, then the rest is essentially cosmetic."16 

But content overlaps with form. And though the above three goals do not specify a specific citation form, ignoring form is not practical. Consistency among citation forms facilitates the task of the busy legal reader. For example, it is much easier for that reader if all the opinions from the New Hampshire Supreme Court, reported in the official New Hampshire reports, are abbreviated as " N.H.," rather than to also have to remember that "N.H. Sup. Ct.," "New Hampshire S. Ct.," and "N.H. Sup. Ct. Div." mean the same thing.

Moreover, consistency in important areas reduces confusion. "N.H. Sup. Ct." could refer to the New Hampshire Superior Court;17  a reference to "M. L. Rev." could refer to a general law journal from one of ten law schools including those from Maine or Massachusetts. Not having some consistency among forms would violate two of the purposes of citation. The reader would not know where to find the cited authority, or how much weight to give it.

So the question persists, how much consistency is important? According to Bryan Garner, the editor in chief of Black's Law Dictionary, consistency is important, but slavish adherence to citation rules is not. In the introduction to his most recent work, The Redbook: A Manual on Legal Style, Garner notes that he follows the ALWD Manual, but not exclusively.18  Later he describes what every writer needs to know about citation, and states:

Although you want your documents to conform to a consistent style, do not get too hung up on the minutiae. Do not spend a lot of time trying to find out whether a certain period should be roman or italic. Do not let a citation manual dictate what typeface you use . . . .19 

Certainly knowing that the first number in a full case citation is the volume, and the second is the initial page on which the opinion can be found is helpful. Similarly, knowing that the first number in a statutory citation is the title number, as in 28 U.S.C. 1331, is important. But requiring that the comma following an italicized citation not be italicized,20  prescribing the exact spacing between the periods in a citation,21  or requiring New Hampshire statutes to be cited as N.H. Rev. Stat. Ann.22  for the sake of having a uniform system may be "essentially cosmetic."

Some attention to "cosmetics" or appearance is warranted. Lawyers read a tremendous amount of complex material. This requires incredible mental stamina, wearies the eyes, and taxes the brain. Given these demands, typos, small fonts, narrow margins, and pale photocopies become huge annoyances. Consequently, courts have a number of rules about legibility,23  double spacing,24  margins,25  and font size26  for court documents. This makes sense. The busy reader needs these to be able to navigate through complicated and lengthy documents.

In similar fashion, using a more consistent form of citation may benefit New Hampshire lawyers. By adopting a user-friendly citation system, such as the ALWD Manual, attorneys can easily master a common set of rules. Having one system to refer to case names and other frequently used sources allows attorneys to effectively work through voluminous reading matter. It does not make sense to have lawyers spend hours figuring out the italicizing of commas, but attorneys and decision-makers should be able to efficiently determine that the authority cited in one document is the same as that cited in another.

GENERAL CITATION FORM RULES FOR NEW HAMPSHIRE PRACTICE, STATE AND FEDERAL COURTS

State and federal courts within New Hampshire have few rules about citation form. Judges from these courts have not authored decisions about citation format.27  This means that New Hampshire attorneys are not specifically required to follow Bluebook format.28 

Where citation is mentioned, it is frequently in rules about motions and briefs. When it is referred to, it is more that citations should exist and contain certain content, rather than they follow a specific format. Given this lack of required format, it makes sense that attorneys do not slave over proper citation form, but instead focus on the basic function and purpose for citing to authority.

Within the state court system, the New Hampshire Superior Court, Probate Court, and District and Municipal Court Rules say little to nothing about citation. For example, New Hampshire Superior Court Rule 57 includes a general requirement that motions be grounded upon facts on file in the case,29  and makes no mention of the need to cite to legal authority. New Hampshire Superior Court Rule 58-A discusses motions for summary judgment specifically, and refers to cited material, but is silent as to form. Rule 58-A provides that "Only such materials as are essential and specifically cited and referenced . . . shall by filed with the court."30  New Hampshire Probate Court Rule 57, governing the requirements for motions, tracks the Superior Court rule, with no reference to citation or citation form whatsoever, and Rule 58-A, on motions for summary judgment specifically, mirrors New Hampshire Superior Court Rule 58-A.31  New Hampshire District and Municipal Court Rules 1.8 and 3.11, addressing motions and motions for summary judgment respectively, have the same citation requirements as the New Hampshire Superior and Probate Courts.32 

Like the Superior, Probate, and District and Municipal Court Rules, the New Hampshire Supreme Court Rules do not require a specific citation format or refer to a citation manual. The New Hampshire Supreme Court Rules do provide more specific directives on citation, but these refer to content, not format.33  New Hampshire Supreme Court Rule 16(9), for example, expresses a preference for citations to official case reporters, and for parallel citations to state court decisions and the West Reporter system if a decision is from a state supreme court other than New Hampshire's. It provides instruction for how to handle situations in which the preferred sources are not available.34  Without specific rules, New Hampshire attorneys are free to cite in many ways, and frequently do so. While some appellate attorneys rigorously follow the Bluebook, others show the court a range a creative citations.35 

Attorneys practicing within federal courts in New Hampshire also have great flexibility in citing authorities. The citation rules in the federal district court for the District of New Hampshire, the companion federal appellate court, the First Circuit, and the United States Bankruptcy Court for the District of New Hampshire, speak mostly to content and rarely to form.36  The federal rules tend to include more specific citation content requirements, looking more like the New Hampshire Supreme Court Rules, as opposed to the rules for the New Hampshire Superior and District Courts. There is one specific instance where the federal rules require Bluebook format, for a very limited number of unreported cases.37  An attorney using the ALWD Manual, however, would not be stymied by this requirement. The applicable ALWD Manual rules would produce exactly the same result as the applicable Bluebook rule.38 

In terms of content, Local Rule of the United States District Court for the District of New Hampshire 7.1(2) requires that memoranda supporting motions include "citations to supporting authorities."39  Similarly, Local Bankruptcy Rule 7102(b)(3) requires that attorneys filing memoranda supporting motions include "citations to supporting authorities [;]"40  subsequent rules refer more to specific content, such as the need to include the document number of a prior court order cited to, and an admonition to not cite commercial writings by judges from the United States Bankruptcy Court for the District of New Hampshire.41 

The First Circuit Court of Appeals follows a similar approach, again focusing on the existence of citations, with minimal references to specific content, and almost no references to required format. The Federal Rules of Appellate Procedure require that briefs must include several statements of jurisdiction that include "citations to applicable statutory provisions."42  Within the argument section of the brief, attorneys must include their "contentions and reasons for them, with citations to the authorities and parts of the record on which the appellant relies [.]"43  Two Local Rules for the First Circuit refer to specifically to citation content; Local Rule 32.2 requires parallel citations for state court decisions, and limits the use of unpublished law review or other articles,44  and Local Rule 36(b)(1)(F) restricts citation of unpublished opinions.45 

In terms of format, although the Federal Rules of Appellate Procedure require a certain form for case names, for the most part New Hampshire state and federal court rules as a whole are largely silent in this regard.46  It is only under Federal Rule of Appellate Procedure Rule 32(a)(6) that case names specifically must "be italicized or underlined."47  And, as previously mentioned, Local Rule for the United States District Court for the District of New Hampshire 5.3(c) requires Bluebook format for an extremely narrow set of decisions, but it is important to bear in mind that applying the relevant ALWD Manual format would produce exactly the same result.48 

INTRODUCING THE ALWD MANUAL - BENEFITS OF ITS USE; COMPARISONS TO THE BLUEBOOK

This article and all the student-written articles in this edition of the New Hampshire Bar Journal follow the ALWD Manual for citing authorities. The endnotes contain many examples of how to cite a variety of sources.

The ALWD Manual has much to offer as a resource.49  For the busy lawyer, its content, organization, layout, use of examples and charts, index, appendices, and web site make it a helpful and user-friendly reference. Written by Dean Darby Dickerson, Associate Professor of Law, Associate Dean, and Director of the Legal Research and Writing Program at Stetson University College of Law, and the Association of Legal Writing Directors,50  the ALWD Manual was first published in Spring 2000. The authors used input from practitioners, professors, and law librarians, thereby fulfilling the manual's goals of being both an effective teaching tool as well as a useful reference for practicing lawyers.51 

Lawyers consulting the ALWD Manual would cite authorities as follows:

United States Supreme Court: Roe v. Wade, 410 U.S. 959 (1973).
United States Court of Appeals: E. Mt. Platform Tennis, Inc. v. Sherwin-Williams Co., 40 F.3d 492, 499 (1st Cir. 1994).

United States District Court: Katz v. Timberlane Regl. Sch. Dist., 184 F.Supp. 2d 124 (D.N.H. 2002).

New Hampshire Supreme Court: State v. Crosman, 125 N.H. 527, 530 (1984).
New Hampshire Constitution: N.H. Const. art. 15.
New Hampshire Statute: N.H. Rev. Stat. Ann. 72:73 (2001).
New Hampshire Court Rule: N.H. R. Evid. 608(b) (2001).
New Hampshire Web Site: <http://www.state.nh.us/courts/supreme.htm> (accessed July 22, 2002).

Some of these forms make sense; others are more problematic. For citing statutes, the ALWD Manual requires the form above, using "N.H. Rev. Stat. Ann." This is unlike "N.H. R.S.A" or "RSA," forms commonly used by many New Hampshire lawyers and judges. And though the ALWD Manual does not require abbreviations, it does provide a list of general abbreviations in its Appendix 3, some of which seem inconsistent or awkward, such as abbreviating "District Attorney" to D.A. but shortening "Judge Advocate General's Corps to JAG.

Though this manual is not perfect, it is constantly being revised. Already in its fifth printing, each successive printing strives to fine-tune the ALWD Manual, responding to input from users and practitioners collected on its frequently updated web site, www.alwd.org.52  The web site also serves to alert readers as to any necessary changes that have been made to the printed version.53  The second edition is expected to be released in early 2003.54 

One of the big advantages to using the ALWD Manual is that its rules are essentially the same ones most attorneys learned in law school - the ones from the Bluebook 55  - but they are presented in a much more straightforward way.56  The usual response to hearing about an alternative citation manual is concern that its adoption would require mastering a whole new complex set of rules.57  This is not the case. In a few areas the ALWD Manual has different rules than those prescribed in the Bluebook, but for the citation forms most practitioners use, these differences are minimal.

The ALWD Manual unifies the form for all cites, no longer requiring separate rules for law journals and practitioners' documents. This alone makes the ALWD Manual easier to use than the Bluebook. The busy lawyer, trying to make a deadline, no longer has to go to the Bluebook's "Practitioners' Rules" and then cross-reference to other rules.58  Instead, the attorney refers to the index, and then consults the rules according to categories, such as cases, constitutions, statutes, treatises, periodicals, legal dictionaries,59  and electronic sources.60 

This unified system helps with the general organization and layout of the ALWD Manual. Within each category, the manual includes a one page "Fast Format." Featuring large type, plenty of space between examples, and contrasting green, gray, and white areas for visual clarity, these Fast Formats provide examples of citations for each particular category. For example, the Fast Format page preceding Rule 12's in-depth explanation for case citation depicts nine correct case citations including one for a United States Supreme Court case, a Court of Appeals case (with subsequent history), a state supreme court case, a parallel citation, an electronic citation, and examples of short citations.61 

Another quick, user-friendly device in the ALWD Manual, the "Sidebar," gives helpful citation tips and explanations. For example, Sidebar 5.1 explains the importance and reasons for pinpoint references, and Sidebar 12.3 provides explanation of commonly used procedural phrases. Other Sidebars provide practical tips, including how to insert section and paragraph symbols when using a word processing program (Sidebar 6.1), how to quickly locate parallel citations (Sidebar 12.5), and how to locate local ordinances on the Internet (Sidebar 18.1). Though some of this information may appear basic, it is helpful for students and attorneys who have not yet had a great deal of experience with legal research and writing, or for anyone looking for a quick refresher.

In terms of layout, the ALWD Manual is reassuringly easy on the eyes. Twelve point font and abundant and judicious use of white space allows the reader to quickly scan different rules and examples. Adding green ink to highlight rules and examples make the manual's directives easy to read and follow. A comprehensive and well-organized index and straightforward table of contents add to the appeal for the busy lawyer. Five appendices, which include a list of primary sources by jurisdiction, a comprehensive list of local state court citation rules, general abbreviations, abbreviations for legal periodicals, and a sample memorandum, make this manual easy to pull off the shelf, consult, and use correctly.

The above attributes make the ALWD Manual a more effective teaching tool than the Bluebook. Consequently, as noted above, over ninety law schools are now using the ALWD Manual to teach students citation.62  And because the rules are essentially the same, when students do work for attorneys who use the Bluebook, those students make the transition to the Bluebook fairly easily.63 

Using the ALWD Manual is advantageous to professors and practitioners alike. For one thing, like any well-organized and precise instruction manual, it allows students or novice attorneys to master citation fundamentals on their own.64  The supervising attorney can legitimately ask the newly hired law student or attorney to consult the ALWD Manual and expect that writer to cite the most frequently used authorities correctly.65  Even though there are still times when complicated, obscure cites make students and attorneys seek additional guidance from someone who is a master,66  these are rare. And, given the flexibility of the current New Hampshire practice rules, there is considerable discretion in how to cite material that is this obscure.

CONCLUSION

New Hampshire attorneys have great discretion in how they cite to authorities. This has the advantage of allowing them not to become slaves to the Bluebook. But this also means that busy attorneys may be distracted by inconsistencies in citations. They may also waste time learning a variety of citation techniques rather than adopting one common system.

As New Hampshire practice becomes more complex, with attorneys referring to more out-of-state, international, electronic, and non-legal sources, it may be helpful to have a systematic form of citation. Moreover, as more authorities become accessible on the World Wide Web, having an up-to-date, web site supported citation system such as the ALWD Manual makes great sense. And while adopting or consulting this simpler, more user-friendly citation manual is not revolutionary,67  it allows attorneys to spend more time thinking and conducting "other lawyerly activities[.]"68 

ENDNOTES

1. The author gratefully acknowledges the feedback, ideas and suggestions of Franklin Pierce Law Center Professors Jon Garon, Judith Gire, and Barry Shanks, the research assistance of Jennifer Rich '02, the comments from Julee Flood '03, and the invaluable research, feedback, and suggestions from Ellen Purcell '03.
2. The Bluebook: A Uniform System of Citation (Columbia L. Rev. Assn. et al. eds., 17th ed., Harvard L. Rev. Assn. 2000) [Bluebook].
3. Andrew J. McClurg, The Law School Trip 107-108 (Footnote Press 2001).
4. Richard A. Posner, Goodbye to the Bluebook, 53 U. Chi. L. Rev. 1343, 1348-1349 (1986).
5. The author learned this from her own experience practicing in New Hampshire and from recent conversations with attorneys in a range of practices.
6. The first edition of the Bluebook was published in 1926; the policy of the editors, since the 12th edition of 1976, has been to revise the Bluebook every five years. Melissa H. Weresh, The ALWD Citation Manual: A Coup de Grace, 23 UALR L. Rev. 775, 776-777 (2001). However, the most recent 17th edition was published in 2000, just four years after the publication of the 16th. See Bobbi Cross & Annemarie Lorenzen, Net Tips; Facing Competition, Bluebook Takes Note of Electronic Citing, Leg. Intelligencer 7, 7 (August 22, 2001). Each edition modifies some rules - the 7th through 17th edition have modified the use of signals. A. Darby Dickerson, Seeing Blue: Ten Notable Changes in the New Bluebook, 6 Scribes J. Leg. Writing 75, 75 (1998).
7. Conversations between the author and former New Hampshire Supreme Court judicial clerks, 2001-2002.
8. Association of Legal Writing Directors & Darby Dickerson, ALWD Citation Manual (Aspen L. & Bus. 2000) [ALWD Manual]; see generally A. Darby Dickerson, An Un-Uniform System of Citation: Surviving with the New Bluebook, 26 Stetson L. Rev. 53 (1996) (critiquing changes in the 16th edition of the Bluebook). The author is a member of the Association of Legal Writing Directors, but was not involved in the drafting of the new manual. The author notes that the endnotes for all articles in this edition of the New Hampshire Bar Journal conform to the ALWD Manual.
9. Over ninety law schools have adopted the ALWD Manual. Association of Legal Writing Directors, Association of Legal Writing Directors <http: //www.alwd.org/cm/adoptions.htm> (last updated Mar. 7, 2002).
10. Id.
11. In the two years that Franklin Pierce Law Center has been using the ALWD Manual to teach citation, writing and research professors have observed that students have demonstrated increased proficiency in citing to legal authorities.
12. One shortfall of the ALWD Manual is that it currently lacks in-depth rules for citing to international sources. A separate international manual is due to be published in January 2003. This manual is being written by the Association of Legal Writing Directors, the International Law Students Association [ILSA], the ILSA Journal of International and Comparative Law, international law librarians, and practitioners. E-mail from Diane Penneys Edelman, Asst. Dean for Leg. Writing, Villanova U. Sch. of L., to Sophie M. Sparrow, Prof. and Dir. of Leg. Skills, Franklin Pierce L. Ctr., International Citation (July 12, 2002) (copy on file with the author); Association of Legal Writing Directors, Association of Legal Writing Directors <http: //www.alwd.org/cm/index.htm> (accessed July 15, 2002).
13. Association of Legal Writing Directors & Darby Dickerson, supra n. 8, at 3.
14. M.H. Sam Jacobson, The ALWD Citation Manual: A Clear Improvement over The Bluebook, 3 J. App. Prac. & Process 139, 140 (2001); Association of Legal Writing Directors & Darby Dickerson, supra n. 8, at 4.
15. See generally Judith D. Fischer, Bareheaded and Barefaced Counsel: Courts React to Unprofessionalism in Lawyers' Papers, 31 Suffolk U. L. Rev. 1 (1997) (detailing courts' criticisms of attorneys' poor citation form).
16. Thomas R. Haggard, Basic Citation Form, Part II, 10 S. C. Law. 13, 13 (July-Aug. 1998).
17. The correct abbreviation, according to both the ALWD Manual and the Bluebook is "N.H. Super. Ct."
18. Bryan A. Garner, The Redbook: A Manual on Legal Style ix (West 2002).
19. Id. at 106.
20. Rule 12.2(a) Typeface and punctuation: "Italicize or underline the case name. Do not italicize the comma that follows the case name." Association of Legal Writing Directors & Darby Dickerson, supra n. 8 at 58. How many people can really tell when a comma is italicized?
21. Rule 2.2 Spacing for Abbreviations. Id. at 18.
22. Appendix 1: Primary Sources by Jurisdiction. Id. at 358.
23. E.g. N.H. Sup. Ct. R. 6 ("If briefs timely filed are not clearly legible, the clerk of the supreme court shall require that new copies be substituted[.]"). New Hampshire Court Rules Annotated 10 (2001-2002 ed., LEXIS Publg. 2001).
24. E.g. N.H. Super. Ct. R. 4 ("All pleading and forms filed . . . shall be either typewritten or printed double space . . . ."). Id. at 218.
25. E.g. Fed. R. App. P. 32(4) ("Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there."). Id. at 997.
26. E.g. U.S. Dist. Ct., N.H., LR 5.1(a) ("Filings shall be . . . in a font size no smaller than ten (10) characters per inch, or if a proportionately spaced font is used, no less than twelve (12) point[.]"). Id. at 887.
27. An electronic search for opinions referring to citations, July 2, 2002, revealed no New Hampshire Supreme Court decisions, and two decisions (one unreported and listed as "Not for Publication") from the United States District Court for the District of New Hampshire. Both noted the general need to cite to authorities, but did not require a specific format. See Desrocher v. Manchester Body & Fender, Inc., 1995 U.S. Dist. LEXIS 3103 at **4-5 (D.N.H. Mar. 9, 1995); Intl. Tape Co. v. Technicote, Inc., 2000 DNH 95, 2,4.
28. The one exception, Local Rule of the United States District Court for the District of New Hampshire 5.3(c), requires that attorneys follow Bluebook format in citing to a limited group of unreported decisions. Under this rule, Bluebook format is required for unreported decisions of the United States District Court for the District of New Hampshire that are not in the Federal Supplement, the Federal Rules Service, or the Federal Rules Decisions, not on the Court's Web Site, and issued before January 1, 2000. The rule specifically provides that opinions which fall into this narrow category "shall be cited using the citation form for unreported decisions suggested in the Blue Book." Notably, the citation form suggested by the appropriate Bluebook rule 10.1(for "unpublished decision" and "decision available in electronic database"), is exactly the same as the format recommended by the ALWD Manual rules 12.18 ("for unreported cases") and 12.12 ("cases published only on LEXIS or Westlaw").
29. N.H. Super. Ct. R. 57. New Hampshire Court Rules Annotated, supra n. 23 at 246-247.
30. N.H. Super. Ct. R. 58-A. Id. at 249.
31. N.H. Prob. Ct. R. 57; N.H. Prob. Ct. R. 58-A. Id. at 553-554.
32. N.H. Dist. and Mun. Ct. R. 1.8; N.H. Dist. and Mun. Ct. R. 3.11. Id. at 418, 443.
33. N.H. Sup. Ct. R. 16(3)(c); N.H. Sup. Ct. R. 16(3)(f); N.H. Sup. Ct. R. 16(9). Id. at 30-31.
34. N.H. Sup. Ct. R. 16(9). Id. at 31.
35. Author's conversations with former New Hampshire Supreme Court judicial clerks.
36. See generally Local Rules of the United States District Court for the District of New Hampshire 5.3, 7.1(2), 7.2(b); Federal Rules of Appellate Procedure 28(a)(4)(A), 28(a)(4)(B), 28(a)(9)(A), 28(j), 32(a)(6); Local Rules of the First Circuit 32.2, 36(b)(2)(F); Local Rules of the United States Bankruptcy Court for the District of New Hampshire 7102(b)(3), 9004-1(e), (f). Id. at 888-890, 989-991, 997, 1001, 1008, 1079, 1082.
37. U.S. Dist., N.H., LR 5.3(c).
38. For a discussion of the text of U.S. Dist., N.H., LR 5.3(c), and comparison of the pertinent Bluebook and ALWD Manual rules, review supra n. 28.
39. U.S. Dist. Ct., N.H., LR 7.1(2). New Hampshire Court Rules Annotated, supra n. 23 at 889.
40. U.S. Bankr. Ct., N.H., LBR 7102 (b)(3). Id. at 1079.
41. U.S. Bankr. Ct., N.H., LBR 9004 -1 (e),(f). Id. at 1082.
42. Fed. R. App. P. 28 (a)(4)(A) (regarding basis for district court's jurisdiction); Fed. R. App. P. 28(a)(4)(B) (regarding basis for the court of appeals' jurisdiction). Id. at 989.
43. Fed. R. App. P. 28 (a)(9)(A) ("Appellant's Brief"). Id.
44. Loc. R. 32.2. Id. at 1001.
45. Loc. R. 36(b)(2)(F). Id. at 1008.
46. Fed. R. App. P. 32(a)(6) (requiring case names be either underlined or italicized). Id. at 997. No similar provision was revealed in a search of the state rules for New Hampshire courts, the Local Rules of the United States District Court for the District of New Hampshire, and the Local Rules of the United States Bankruptcy Court for the District of New Hampshire.
47. Id.
48. For prior discussion of U.S. Dist. Ct., N.H., LR 5.3(c) and the comparison to relevant ALWD Manual provisions, review supra n. 28, 38 and text accompanying n. 38.
49. For additional reading on the benefits of the ALWD Manual and comparisons between it and the Bluebook, see generally Carol M. Bast & Susan Harrell, Review Article: Has the Bluebook Met Its Match? The ALWD Citation Manual, 92 L. Lib. J. 337 (2000); Alex Glashausser, Citation and Representation, 55 Vand. L. Rev. 59 (2002); Christine Hurt, Network Effects and Legal Citation: How Antitrust Theory Predicts Who Will Build a Better Bluebook Mousetrap in the Age of Electronic Mice, 87 Iowa L. Rev. 1257 (2002); Jacobson, supra n. 14; James T.R. Jones, Book Review, 73 Temp. L. Rev. 219 (2000) (reviewing ALWD Citation Manual: A Professional System of Citation); Pamela Lysaght & Grace Tonner, Plain Language - Bye-Bye Bluebook?, 79 Mich. B.J. 1058 (2000); Vickie Rainwater, Book Review: Citation Form in Transition: The ALWD Citation Manual, 7 Tex. Wes. L. Rev. 21 (2000); Wayne Scheiss, Meet ALWD: The New Citation Manual, 64 Tex. B. J. 911 (Oct. 2001); Weresh, supra n. 6; Cross and Lorenzen, supra n. 6.
50. Association of Legal Writing Directors, Association of Legal Writing Directors <http: //www.alwd.org/ (accessed July 16, 2002).
51. Association of Legal Writing Directors & Darby Dickerson, supra n. 8, at xxiii.
52. Association of Legal Writing Directors, supra n. 50.
53. Association of Legal Writing Directors, Association of Legal Writing Directors <http: //www.alwd.org/cm/updates.htm> (last updated Feb. 24, 2002).
54. Association of Legal Writing Directors, supra n. 50.
55. Rainwater, supra n. 49, at 24-25.
56. Jacobson, supra n. 14, at 151-153.
57. Responses from attorneys, professors, and law students related to the author since 1999; see Cross & Lorenzen, supra n. 6, at 7. The author first learned of the ALWD Manual's development and read an early draft issued at the Second Biennial Conference of the Association of Legal Writing Directors at the New England School of Law in Boston, Massachusetts, July 28-31, 1999.
58. E.g. Practitioners' note 4, Short Forms in Court Documents and Legal Memoranda. The Bluebook: A Uniform System of Citation, supra n. 2, at 15-16. Depending upon what type of material the practitioner wants to short cite, consulting practitioners' notes 1or 7, and one or more of internal (white pages) rules 4, 12.9, 15.8, 16.7, 17.3, 18.7, or 19.2 may be necessary.
59. Rules 12, 13, 14, 22, 23, 25. Association of Legal Writing Directors & Darby Dickerson, supra n. 8, at 57-112, 185-206, 211-212.
60. See generally Part 4 Electronic Sources and Neutral Citations. Id. at 269-290.
61. Id. at 57.
62. There are currently 183 ABA approved law schools. LSAC & ABA, Official Guide to ABA-Approved Law Schools i (2002 ed., ABA & LSAC, Inc. 2001).
63. Some Franklin Pierce Law Center students initially expressed concerns that attorneys have not heard of the ALWD Manual. When those same students work in a law practice, however, they report little difficulty in applying what they have learned about citation. Those students who later work with the Bluebook express gratitude for having learned citation from the ALWD Manual.
64. Consider the last time you had to learn how to assemble or use a gas grill, computer software or hardware, VCR, or any other object. Having a straightforward, easy to use manual avoids the kind of hair-pulling and needless frustration that accompanies cumbersome and convoluted instructional material. For examples of straightforward directions, see Lego® materials (registered trademark of the LEGO Group), The Joy of Cooking, and the directions to the game of Monopoly® (registered trademark of Hasbro, Inc.).
65. This was not necessarily true of the Bluebook. The author's experience with recommending that students consult the Bluebook to "figure it out" usually resulted in having students later return more baffled and confused than they were to begin with.
66. In working on this edition of the Annual Survey, students and the author consulted Franklin Pierce Law Center's Associate Director of the Library, Professor Cindy Landau, on how to cite more complex material such as a New Hampshire Supreme Court opinion which had been issued on the court's web site, then withdrawn and rewritten.
67. See generally Glashausser, supra n. 49 (comparing the development of the ALWD Manual and its challenge to the Bluebook to American colonists' uprising against the British during the American Revolution).
68. Posner, supra n. 4 at 1348.

The Author

Sophie Sparrow, Professor and Director of Legal Skills, Franklin Pierce Law Center, Concord, New Hampshire.

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