Spelling, Font, and Treatment of Words

As amended through June 11, 2024
Spelling, Font, and Treatment of Words
A. Use of Italics and Roman Typeface
1. Foreign Words

Some foreign words and phrases commonly used in legal writing are not italicized, e.g.,

ad hoc

etc.

pro tempore

ad hominem

habeas corpus

quid pro quo

ad valorem

mandamus

remittitur

de facto

per curiam

subpoena

en banc

pro rata

vice versa

Other less common foreign words and phrases that are italicized include the following. When using such words in the body of an opinion, use the periods and diacritical marks as set out below.

a priori

i.e.

quantum meruit

ab initio

id.

quantum valebant

ad litem

in camera

quo warranto

amicus curiae / amici curiae

in limine

res ipsa loquitur

arguendo

in re

res judicata

certiorari

in toto

respondeat superior

contra

inter alia

scienter

coram nobis

ipse dixit

sic

de novo

ipso facto

sine qua non

dictum

non sequitur

stare decisis

dubitante

nunc pro tunc

sua sponte

duces tecum

per se

sub silentio

e.g.

post hoc

ultra vires

et al.

prima facie

vice

et seq.

pro hac vice

vis-à-vis

ex parte

pro se

viz.

ex post facto, but

qua

voir dire

Ex Post Facto Clause

2. Signals

Introductory signals such as cf., accord, see, e.g., compare / with, and see generally are italicized. "See" is not italicized when it functions as a verb and not as a signal, e.g.,

For discussion on the merits, see Smith, 300 Or App at 150.

3. Case Names and Other Authorities

Case names are italicized, as are the titles of books and other authorities. Please refer to the Citation Section for examples.

When a case or other authority takes a possessive ending, the apostrophe and "s" are not italicized:

Miranda's holding has been called into question.

B. Use of Uppercase and Lowercase
1. Use Uppercase for the Following:
a. Proper Names
b. Complete Official Titles of a Public Official or Entity (but not Abbreviated Titles), e.g.,

Uppercase:

Not Uppercase: (exceptions noted)

Alaska Supreme Court

the court

Appellate Commissioner

the commissioner

Assistant Attorney General John Jones

assistant attorney general

Attorney General

the Attorney General (exception)

Board of Parole and Post-Prison Supervision

the board

City of Eugene

the city

Clackamas County District Attorney's Office

the district attorney's office

Criminal Law Revision Commission

the commission

Department of Revenue

the department

Deputy Sheriff Stanley

the deputy

Director of the Department of Consumer and Business Services

the director

Governor

the Governor (exception)

House of Representatives

the House (exception)

Judge Atwater

the judge

Multnomah County Circuit Court

the court, or the circuit court

Officer Krupke

the officer

Oregon Court of Appeals / Court of Appeals

the court

Oregon Legislative Assembly /

1997 Legislative Assembly

the legislature

Oregon State Bar

the Bar (exception)

Oregon Supreme Court / Supreme Court

the court

Magistrate Jones

the magistrate

Portland Police Officer

the officer

Secretary of State

the secretary

Representative Smith

the representative

Salem-Keizer School District

the district

Senate

the Senate (exception)

Senator Jones

the senator

State of Oregon

the state

Oregon Tax Court / Tax Court

the court

United States Court of Appeals for the Ninth Circuit

Ninth Circuit (exception)

United States Supreme Court

the Court (exception)

Washington County Jail

the jail

Workers' Compensation Board

the board

NOTE: In state jurisdictions having more than one appellate court at the same level, do not use uppercase for any shortened version of the name of that court. For example, the full form "California Court of Appeal, First Appellate District" uses uppercase, but the shortened form "court of appeal" does not. (There is no "s" after "appeal" for the California courts of appeal.) Similarly, "New York Supreme Court, Appellate Division, Third Department" uses uppercase, but the shortened form "supreme court" does not. (In New York, the Court of Appeals is the highest court, while the appellate divisions of the supreme court are the intermediate appellate courts.) However, it is permissible to use uppercase for shortened names of federal appellate courts, e.g., the Ninth Circuit.

c. Months and Days of the Week (usually written in month-day-year sequence), e.g.,

He filed the motion on Monday, January 23, 1993.

The action occurred in November 2013.

Defendant appeals from the January 16, 1994, order.

d. Full Title of a Constitution, Constitutional Amendment, or Clause of a Constitution, e.g.,

Article I, section 9, of the Oregon Constitution (but "state constitution") Fifth and Fourteenth Amendments to the United States Constitution (but "federal constitution")

Contract Clause dormant Commerce Clause Due Process Clause Ex Post Facto Clause Privileges and Immunities Clause Proportionality Clause

In the phrase "Oregon and United States constitutions," do not uppercase "constitutions," because the full title of neither document is being used. Note that either of the following formulations is preferred: "state and federal constitutions" or "the Oregon Constitution and the United States Constitution."

e. "En Banc" and "Per Curiam" on Title Pages

NOTE: When used within the text on an opinion, those terms do not start with uppercase letters, e.g., "The Court of Appeals, sitting en banc, reversed."

f. "Intoxilyzer" or "Breathalyzer"

(Those are proper names for particular breath testing equipment.)

"Ziploc" or "Taser" (trademarked names)

(but zippered bag or stun gun)

g. "Class" or "Count"

(When referring to misdemeanor or felony charges), e.g.,

Class A felony

Count 1 of the indictment

Counts 1 and 2

h. "Schedule"

(When referring to drugs), e.g.,

Schedule I drug

i. "Act" or "Code"

(When referring to the full title of specific Acts or Codes), e.g.,

The Oregon Condominium Act specifically lists those conditions. The act does not set out the condition on which appellant relies.

The Bankruptcy Code provides for that situation. The code further provides a remedy in the event of a violation.

j. Particular Sections of the Oregon Revised Statutes Identified Collectively, e.g.,

Civil Code

Oregon Public Records Law

Criminal Code

Unlawful Trade Practices Act

Oregon Evidence Code

Workers' Compensation Law

k. Social Security

SSA

Social Security number

Her income consisted of Social Security and wages from part-time employment.

2. Do Not Use Uppercase for the Following:
a. Generic Terms, e.g.,

"federal" or "state,"

as in

the state

state constitution

federal constitution

statute of frauds

statute of limitations

BUT do use uppercase when part of a full proper name, e.g.,

Federal Land Bank

State of Oregon

b. The Words "chapter" or "section"

(When referring to a specific chapter or section within a sentence), e.g.,

ORS chapter 10; Article I, section 9.

But

Chapter 7 (when referring to the Bankruptcy Code)

c. The Terms "x-ray," "horizontal gaze nystagmus," "administrative law judge," and "driving under the influence"

A horizontal gaze nystagmus (HGN) test

The doctor ordered x-rays of the claimant's lower back.

The administrative law judge (ALJ)

He was convicted of driving under the influence (DUII).

d. The Seasons or Centuries

It is now okay to wear white in the fall after Labor Day!

In the eighteenth century, women could wear white only as a petticoat.

She was convicted of wearing a red petticoat in the fall of 1858. (or, fall 1858)

e. The Words "website" or "internet"
C.Numbers and Dates

In General

Numbers one through nine are spelled out when used in text, except when listing a series of like objects, e.g.,

Judges from five states came to the conference: 5 from Washington, 2 from California, 10 from Oregon, 6 from Idaho, and 1 from Alaska.

All numbers after nine are expressed as numerals, except when they begin a sentence, e.g.,

Thirty-four judges attended the conference.

Defendant raises 10 assignments of error.

Very large numbers are expressed in figures followed by million, billion, etc., e.g.,

5 million people; 2 billion particles; $10 million

All ordinal numbers (i.e., numbers that measure position) are spelled out when used in narrative, e.g.,

Plaintiff's twelfth assignment of error is not well taken.

I chased my cat Jethro off the sofa for the one hundredth time.

This is the court's seventy-third oral argument day this year.

NOTE: (1) Ordinal numbers consisting of more than one word are hyphenated if the corresponding cardinal number is hyphenated, e.g., "seven hundred and twelfth" is not hyphenated, because "seven hundred and twelve" is not hyphenated, but "eighty-second" is hyphenated, because "eighty-two" is hyphenated. (2) Ordinal numbers are expressed numerically to identify reports and courts in citations, e.g., Boston v. Cream Pie, 283 F2d 1 (9th Cir 1999).

1. Fractions, Decimals, and Ratios

Fractions appearing in nonquoted text either alone or with numbers less than 10 are spelled out; fractions appearing with numbers 10 or higher are expressed as numerals, e.g.,

Four and one-half years old

23 1/4

One third

When fractions are expressed as numerals, insert a space between the whole number and the fraction. Do NOT use a hyphen. ("10 2/3," not "10-2/3.")

Use numerals when using a decimal point, e.g.,

.08 percent blood alcohol content

Use numerals when denoting ratios, e.g.,

4:1 or ratio of 4 to 1 (as they are easier to read inside text)

However, spell out numbers when denoting measurement, e.g.,

The subject was five feet eight inches tall.

2. Percentages

Spell out the word "percent" when used in text. Use the percent sign (%) in tables, e.g.,

Fifteen percent of the people in 1993 voted against the ballot measure.

In 1995, 15 percent of the people voted against the ballot measure.

Year

Percent

1991

10%

1992

20%

1993

15%

3. Time

Include minutes and a.m. or p.m., e.g.,

Oral arguments begin at 8:00 a.m. (not "8 a.m.")

We will break for lunch at 12:15 p.m.

The defendant was last seen at 8:00 p.m. (not 8 o'clock in the evening)

4. Dates

Three-part dates are set off with a comma between the day and the year and, generally, a comma after the year, e.g.,

Defendant appeals from the January 16, 1994, order.

When indicating an inclusive period of time, omit the comma after the first year, e.g.,

Defendant was on probation from June 14, 1980 to July 30, 1982.

When referring to a date by month and day, do not use endings with the day, e.g.,

the September 19 hearing (not September 19th)

When indicating time by month and year only, there is no comma before or after the year, unless the sentence structure requires a comma after the year, e.g.,

Three lawyers attended the April 1990 deposition.

The trial, which was scheduled for June 1990, was postponed several times.

When indicating a period of several years, use "to" or "through," not a hyphen, e.g.,

Judge Caspar was on the bench from 1900 to 1921.

EXCEPTION: Hyphens are used for tax years. Do not repeat the "19" for inclusive years, e.g., tax years 1995-97, but tax year 1999-2000. For years ending in double "00" repeat the entire sequence, e.g., 2000-2001.

An indication of a decade does not take an apostrophe, e.g.,

1980s

Indications of time, as shown here, take an apostrophe, e.g.,

24 months' incarceration (or 24 months of incarceration) six weeks' time (or six weeks of time)

5. Money

When referring to dollars, use the dollar sign; do not spell out "dollars," e.g.,

$5 million; $2 billion

Use $25.00 if there are other mixed dollar and cents amounts referred to, otherwise use $25 if standing alone, e.g.,

Plaintiff sought $10,000.00 in attorney fees and $875.45 in costs.

The court entered judgment in the amount of $10,000.

Use a comma in numbers larger than three digits, e.g.,

$1,500

D. Acronyms / Initialisms

Acronyms are composed of the initial letters or parts of a compound term. An acronym is usually read or spoken as a single word, rather than letter by letter, e.g., AIDS. Initialisms are abbreviations pronounced letter by letter, e.g., ORCP, LCDC, DWS, HGN, JNOV, etc. Periods are usually omitted to improve readability. In either event, all but the most common acronyms / initialisms are spelled out upon first usage, followed by the acronym / initialism enclosed in parentheses, e.g.,

Mountain View Hospital District (MVHD) filed a motion for summary judgment.

The article that precedes an acronym or initialism depends on how the abbreviation reads: If it is pronounced beginning with a vowel sound, then use "an." If it is pronounced beginning with a consonant sound, then use "a."

an LCDC order

an ORAP provision

an ORCP ruling

a LUBA opinion

a Umatilla County sheriff

Generally, add an "s" when forming a plural of something singular, e.g., SSNs, UFOs, MDs, CCRs, and add an apostrophe to show possession, e.g., LUBA's analysis or PERS's liabilities.

E. Titles and Offices

Chief Justice Balmer

chief justice of the Supreme Court

Your Honor

The Honorable Thomas A. Balmer

Queen Mary the queen

Dr. Smith (becomes Smith after first reference)

F. Abbreviations

Academic Degrees

Ph.D. ("Ph.D." is preferred over "PhD" with no periods.)

Corpus Juris Secundum

Corpus Juris Secundum (an encyclopedia of United States law at the federal and state levels) is abbreviated as CJS without periods.

Judgment Notwithstanding the Verdict

When abbreviating, use "JNOV" instead of "j.n.o.v."

Months of the Year (no periods, when appearing in citations):

January - Jan

July - July

February - Feb

August - Aug

March - Mar

September - Sept

April - Apr

October - Oct

May - May

November - Nov

June - June

December - Dec