Also known as: cites · cited · citing · citation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A formal reference to a legal authority, case, statute, rule, or record material in support of an argument, motion, or pleading.
The issuance of formal notice charging a person with a minor offense and requiring a court appearance rather than an arrest.
A formal reference to a legal authority, case, statute, rule, or record material in support of an argument, motion, or pleading.
Claire Campbell moved for summary judgment in her contract suit against Continental Bank. She attached excerpts from a deposition transcript and several emails to her motion. The bank responded that the attached materials failed to establish the absence of a genuine dispute on the key factual issue. The court examined only the portions Claire had specifically referenced when deciding the motion.
Cedar Creek Farms defaulted on its loan from Cardinal Insurance. Cardinal conducted a public sale of the farm equipment that served as collateral. Canyon Construction purchased the equipment at the sale. Cedar Creek's counsel cited UCC § 9-617(a)(3) to argue that the sale discharged any junior security interest another lender held in the same equipment.
The issuance of formal notice charging a person with a minor offense and requiring a court appearance rather than an arrest.
Citing a case means referencing prior authority in argument. Issuing a citation means giving formal notice of a minor criminal charge and a court date instead of making an arrest.
Each sense below has its own examples, sources, and questions.
Cody Callahan and Chloe Chen ended their cohabitation. Cody sued Chloe for breach of their oral agreement concerning shared expenses. The complaint referenced the applicable contract statute of limitations. Because the claim accrued on the date of breach, the suit could proceed even though it was filed after the relationship ended.
Charlotte Chung, a nonresident, was personally served with a summons and petition for child support while visiting family in the forum state. Her attorney cited Unif. Interstate Family Support Act § 201(a)(1) to establish that the state tribunal could exercise jurisdiction over her because the service occurred inside the state.
Cade Carpenter, a nonresident, was named in a parentage action filed in the child's home state. The court determined that the requirements of the state's version of the Uniform Interstate Family Support Act were satisfied after counsel cited Unif. Parentage Act § 604(b). It therefore exercised personal jurisdiction over Cade to adjudicate his parentage of the child.
A well-known public official sued a magazine for an allegedly false and offensive article about his personal life. The court required the official to prove that the magazine published the statements with actual malice after the magazine cited 485 U.S. 46 (1988). Without that showing the privacy-related claim could not succeed.
A party must point to specific parts of depositions, documents, affidavits, or other record materials to support or oppose a fact. The court need consider only the cited materials when deciding the motion.
An error or omission in a citation is not grounds to dismiss an indictment or information unless the defendant shows prejudice from being misled.
A party may object that material cited to support or dispute a fact cannot be presented in admissible form at trial.
Roe v. Wade <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Citation: 410 U.S. 113 (1973) - Decided: January 22, 1973 - Judges: Mr. Justice Blackmun delivered the opinion of the Court, in which Mr. Chief Justice Burger and Messrs. Justices Douglas,…