6.5.5 Avoiding String Citations
Judges almost uniformly condemn the use of string citations. As Judge Boyce Martin notes, “When I read a lengthy string cite in a brief or slip opinion, I often find that I have lost the gist of the argument after fighting through line after line of gobbledygook.”24In 2015, the Chief Justice of the Colorado Supreme Court put it more succinctly: “Whoever invented string cites should be shot.”25
At the risk of exposing you to at least metaphorical violence, I argue that string citations may be useful on rare occasions.
For example, if you need to illustrate a trend in the law, give a brief overview of a still-developing area of law, or establish that multiple authorities in a variety of jurisdictions have followed or not followed a particular rule, a string citation may be appropriate. Two warnings: First, most cases you write briefs for will not present any of these situations, so presume that you will not need a string cite. Second, the longer the string cite, the less likely it is that anyone will look at it except the unfortunate judge’s clerk who has been assigned to review all of the cited cases. You will make more friends if you have fewer string cites.When a string cite is unavoidable, put as much information as possible into the sentence preceding the string cite. Most readers would have to struggle to pick up any information in phrases and clauses interspersed among the citations. One problem with a string citation is that it inevitably creates a very long sentence, and, psychologically, the reader tries to keep that sentence “going” in his or her brain. A sentence with text and citations interspersed is probably the hardest thing for a reader to read:
BAD EXAMPLE
Several courts of appeals have considered the issue of whether a transient visitor has a legitimate expectation of privacy while within the residence of another, see, e.g., United States v.
Gale, 136 F.3d 192 (D.C. Cir. 1998), and they have considered this issue in a variety of contexts and using a variety of factors in reaching their decisions, including the frequency of rent payments, id. at 193; the lack of an overnight stay, United States v. Maddox, 944 F.2d 1223, 1234 (6th Cir. 1991); the use of another’s hotel room, United States v. Carr, 939 F.2d 1442, 1446 (10th Cir. 1991); the lack of evidence of connection to the residence, United States v. Antone, 753 F.2d 1301, 1313 (5th Cir. 1985); and mere presence in a hotel room, United States v. Irizarry, 673 F.2d 554, 558 (1st Cir. 1982).To make this information easier to digest, write a sentence informing the reader of the significance of the cases, and then end it with a period. Depending on the circumstances, the string citation could be placed in a footnote; even if it is in the text, using this technique will make the citation string easier for the reader to read:
GOOD EXAMPLE Several courts of appeals have decided that a transient visitor has no legitimate expectation of privacy 
, 
while within the residence of another, whether the residence was a home or a hotel room, 
when the visitor did not have sufficient connection to the residence. 
See, e.g., United States v. Gale, 136 F.3d 192, 193 (D.C. Cir. 1998) (current day visitor’s one rent payment seven months ago not enough to establish sufficient connection); United States v.
does not establish sufficient connection); United States v. Carr, 939 F.2d 1442, 1446 (10th Cir. 1991) (guest in another’s hotel room does not have sufficient connection); United States v. Antone, 753 F.2d 1301, 1313 (5th Cir. 1985) (fingerprints on book not enough to establish daytime visitor’s connection to residence); United States v. Irizarry, 673 F.2d 554, 558 (1st Cir. 1982) (“mere presence” in hotel room not sufficient to establish
connection).
Issue
Disposition
Facts
Reasoning
The best solution is one that avoids the string cite entirely. If you are using the string cite to point out the well-established fact that many courts have already agreed with a legal rule, you may be able to use a parenthetical to accomplish the goal of the string cite. Often, one of the most recent cases in a “string” will have addressed the fact that the rule is well established, and may have cited most or all of the other cases.
In that situation, you may tell the reader that the cases exist and give him or her access to those cases by citing only the most recent one:
GOOD EXAMPLE Since 1978, every Ohio court that has addressed this issue has decided in favor of the employee. See, e.g., Zahm v. McGuffin Corp., 901 N.E.2d 911, 933 (Ohio 2014) (citing cases).
This citation supports an accurate statement — that every Ohio court has decided a certain type of case in a certain way — and it allows the judge or the judge’s clerk to find all those decisions if needed by citing to a decision that cites them. Use this method with care. It cannot be used unless the text of your argument accurately reflects what the cited case has said about the list of cases cited. Furthermore, you should not use this method if information from each authority is important to your argument. When this method is appropriate, however, the legal writer is able to simultaneously avoid a string cite and give the reader access to multiple authorities that support his or her argument.