In early 2023, Chief Justice Sharon Kennedy of the Supreme Court of Ohio announced the Court’s intent to streamline the legal citation process in Ohio. In furtherance of that goal, the Court formed a new committee tasked with proposing changes to The Supreme Court of Ohio Writing Manual, a guide for formatting legal citations in state court.
The Writing Manual Revision Committee’s proposed changes were adopted by the Court in Feb. 2024 and the new edition of the manual took effect on June 17th, 2024. The updated manual includes, among other things: stronger language directing lawyers to follow the manual; the introduction of a navigable homepage (presenting examples of properly cited sources); revisions to case and statute citation rules; and guidance on when to use a parenthetical phrase “(cleaned up)” in certain citations that has sparked recent debate within the legal community.
Link to A note to lawyers A note to lawyers
A subtle, yet important change in the latest edition of the manual comes in the form of more direct language from the Court encouraging lawyers to follow the rules within. The new manual’s preface states, “The Supreme Court will follow the Writing Manual in its opinions. The committee strongly recommends that other Ohio courts and lawyers follow Parts I and II of the manual, and the committee hopes that Part III will be useful in writing opinions and drafting briefs and pleadings.”
This language is more forceful than that used in the previous edition, which stated, “[a]lthough Ohio judges and lawyers are not required to follow this manual, the committee hopes that it will be useful in writing opinions and drafting briefs and pleadings.”
Link to Citation examples first Citation examples first
One of the practical additions to the new manual is the inclusion of a “CITATIONS AT A GLANCE” page located at the beginning of the document. This page provides examples of the most commonly used forms of citation and allows the reader to quickly verify that their citation style is correct. The displayed citations are labeled by jurisdiction and are hyperlinked to other parts of the manual. For example, clicking on “Ohio Administrative” will take you directly to the section of the manual that fully explains how to cite Ohio administrative decisions. This feature is sure to save legal professionals time in scrolling through the 175-page guide to find the correct citation rules.
Link to Bye-bye parallel citations Bye-bye parallel citations
Revisions for accessibility are also found in the updated rules for case citations. In previous editions, the manual directed readers to cite multiple reporters in which the same case was published. For example, citation of a print-published Ohio Appellate Court decision needed to include the webcite (the unique, Ohio-based citation given to state cases decided after May 1, 2002), the official Ohio appellate reporter location, and the Northeastern Reporter location (e.g.: Swartzenruber v. Orville Grace Brethren Church, 163 Ohio App.3d 96, 2005-Ohio-4264, 836 N.E.2d 619, ¶ 5 (9th Dist.).).
However, the updated manual no longer calls for multiple publications to be cited. Instead, just the webcite (or, in the event the case was decided before May 1, 2002, just the official appellate reporter) is needed (e.g.: Swartzenruber v. Orville Grace Brethren Church, 2005-Ohio-4264 ¶ 5 (9th Dist.); State v. Johnson, 134 Ohio App.3d 586, 591 (1st Dist. 1999).). This change will significantly shorten state case citations and leave more room in briefs and motions for substantive arguments.
Link to Not quite The Bluebook… Not quite The Bluebook…
Even as the changes in the latest edition of the manual are more streamlined, key differences remain with The Bluebook, a Uniform System of Citation. One of the most notable is the citation rule for statutes. In the updated manual, the Supreme Court of Ohio directs lawyers to cite the United States Code as, for example, “26 U.S.C. 1291.” The Bluebook, though, requires the addition of a section symbol (e.g.: “26 U.S.C. § 1291.”). When it comes to state statutes, the manual allows the Ohio Revised Code to be cited briefly as, for example, “R.C. 5701.01.” The Bluebook, in contrast, would require the same statute to be cited as “Ohio Rev. Code Ann. § 5701.01(West 2024).” Another key difference arises with regard to the use of small caps in citing the U.S. Constitution. While the Ohio manual does not require small caps in a citation to the U.S. Constitution, the Bluebook does. Other minor stylistic differences also remain between the two guides.
Link to (cleaned up) in parenthetical citations (cleaned up) in parenthetical citations
Finally, for the first time, the Ohio manual addresses the use of the parenthetical “(cleaned up)” in case citations. This phrase has gained recent popularity as an option to replace lengthy citations that involve a quotation containing another embedded quotation. The Ohio manual advises readers to use “(cleaned up)” only when doing so “would markedly improve readability….” Further, the manual reminds readers to use other parentheticals where appropriate, so as not to alter the meaning of the cited information. Meanwhile, the Bluebook has not yet addressed whether the use of “(cleaned up)” is appropriate, though the U.S. Supreme Court has issued opinions containing the parenthetical.