TLR follows Bluebook Rule 10.7, which explains when prior and subsequent history needs to be included in a citation. Staff Editors completing a 2CC Westcheck should follow this rule and suggest prior or subsequent history to a full case citation as needed. This Red Rule is meant to help clarify the Bluebook Rule, but it is not comprehensive; in other words, refer to Bluebook Rule 10.7 when you are looking at prior and subsequent histories of cases, and refer to this Red Rule only for clarification purposes.
B.11(a): Prior History
Prior history of a case (i.e., whether the case was an appeal) need only be included if:
- the prior history is significant to the point for which the case is being cited, OR
- the cited case does not adequately describe the issues in the case.
- For instance, a higher court’s opinion might merely read, “The decision of the appellate court is hereby affirmed,” or something similarly concise. In such an instance, including the prior history of that case would be required.
B.11(b): Subsequent History
The subsequent history of a case should be included in the full citation for that case.
- Exception 1 to B.11(b): Omit denials of certiorari or denials of similar discretionary appeals.
- Exception to Exception 1 to B.11(b): Include denials of certiorari or denials of similar discretionary appeals if the case being cited was decided within the past two years or if the denial is particularly relevant to the point for which the case is cited.
- Exception 2 to B.11(b): Omit the history on remand or any denial of a rehearing.
- Exception to Exception 2 to B.11(b): Include the history on remand or any denial of a rehearing if such history is relevant to the point for which the case is cited.
- Exception 3 to B.11(b): Omit any disposition withdrawn by the deciding authority.
B.11(c): Noting Prior and Subsequent History
Prior and subsequent history should be appended to the end of the full citation for the case. Prior and subsequent history need not be included in short form citations. The appropriate abbreviations for explanatory phrases can be found in Bluebook Table T8.