Comprehensive Guide to Footnotes and Citations in Legal Writing

This document provides a detailed guide to legal footnotes and citations, focusing on the formatting and placement of footnotes within legal writing. It covers various aspects, including the numbering of footnotes, their position in the text (at the end of sentences, clauses, or mid-sentence), and the handling of multiple propositions or cases. The guide also addresses the location of footnotes on the page and the format and content of footnotes, including punctuation, the use of introductory signals (like 'See'), and the citation of multiple sources. The document emphasizes the importance of clarity, correct punctuation, and the appropriate use of signals to provide additional or comparative information. It offers practical examples to illustrate the correct application of these rules, making it a valuable resource for students learning legal writing.

https://www.lawfoundation.org.nz/style-guide2019/chapter-pt.2.2.html#2.2
2.2 NUMBERING AND FORMAT OF
FOOTNOTES
2.2.1 Numbering
All the footnote numbers in an article or essay must run consecutively from
the beginning to the end of the article, and must correspond with numbers in
the text. Where a large work contains multiple chapters, numbering of the
footnotes may begin again at the start of each chapter. Different institutions
may have different guidance about what is appropriate.
Place footnote numbers in the main text in superscript.
Footnote numbers should not be enclosed in brackets or be followed by a full
stop either in the text or in the footnotes.
2.2.2 Position of footnote numbers in the main
text
Where a sentence contains one proposition, or a reference to a single case,
give a single footnote at the end of the sentence. Do not give separate
footnotes for the case reference and the pinpoint reference.
Eg In the main text:
In Jupiter Air Ltd (in liq) v Australian Aviation Underwriting Pool Pty Ltd the
High Court held that it had no jurisdiction to order disclosure of the identity
of a third-party funder pre-trial to assist with an application for security for
costs.3
In the footnotes:
3 Jupiter Air Ltd (in liq) v Australian Aviation Underwriting Pool Pty Ltd (2002) 16
PRNZ 702 (HC) at [25].
Where a sentence contains multiple propositions, give a footnote for each
proposition at the end of the clause containing the proposition.
Eg In the main text:
The Broadcasting Standards Authority must give the complainant and the
broadcaster a reasonable opportunity to make written submissions;4 its

procedure must involve as little formality and technicality as is permitted by
the principles of natural justice.5
In the footnotes:
4 Broadcasting Act 1989, s 10(1)(a).
5 Section 10(2)(c).
In the case of a sentence containing only one footnote, it may be appropriate
to place the footnote mid-sentence if it is necessary for clarity to show that
the footnote relates to a particular point in the sentence.
Where a sentence refers to multiple cases for a single proposition, give a
single footnote to refer to all of the cases at the end of the sentence.
However, if a sentence contains multiple cases and a footnote is required for
each case, place the footnote number after the reference to each case.
Eg In the main text:
The High Court has affirmed and exercised this jurisdiction in Hamilton v
Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v
Auckland City Council.6
In the footnotes:
6 Hamilton v Papakura District Council (1997) 11 PRNZ 333 (HC) at
339; Arklow Investments Ltd v MacLean HC Auckland CP49/97, 19 May 2000
at [18] and [23]; and Chisholm v Auckland City Council (2000) 14 PRNZ 302
(HC) at [33].
If a footnote is at the end of a sentence, the footnote number follows the full
stop. If it is at the end of a clause, it follows the comma or any other
punctuation that separates the clauses.
Where the footnote relates to the source of a quotation, the position of the
footnote reference will depend on the length of the quotation. For short
quotations (those fewer than 30 words), the footnote number should be
given at the end of the sentence (if the sentence contains no other
footnotes). This avoids the need for two footnotes for the same source (one
for the citation and one for the pinpoint reference). If the sentence contains a
short quotation and another footnote to a different source, place the footnote
number after any punctuation following the quotation.

Eg In Beresford v Royal Insurance Co Ltd, Lord Atkin said that “an assured
cannot by his own deliberate act cause the event upon which the insurance
is payable” on ordinary insurance principles.2
Eg Sir Ivor Richardson has warned about the importance of testing assumptions
against the available empirical evidence. Writing extra-judicially in 1999 he
noted that we should “be wary of intuitive assessments of how people
actually respond”,12 picking up a theme from an earlier article he wrote in
1985.13
For long quotations, the footnote number follows the colon preceding the
quotation.
For information concerning when to use short and long quotations,
see rule 1.2.2(a).
2.2.3 Location of footnotes
Footnotes should be visually separated from the text of each page.
Where possible, footnotes should be printed entirely on the page to which
they refer.
2.2.4 Format and content of footnotes
(a) Punctuation
Begin each footnote with an initial capital letter and conclude with a full stop.
Where several sources are cited for one proposition in a footnote, separate
them by semicolons. The final source should be preceded by “and”.
Eg 45 Edwards v O’Connor [1991] 2 NZLR 543 (CA); L G Thorne & Co v Thomas
Borthwick & Sons [1956] SR (NSW) 81 (SC); and State Rail Authority v Heath
Outdoor Ltd (1986) 7 NSWLR 170 (CA).
Only use punctuation where it is grammatically necessary and not to indicate
abbreviation.
Eg CA
NOT C.A.

(b) Signals in footnotes
If a footnote is merely acting as an authority for the point in the main text,
there is no need to provide an introductory signal.
Where the footnote is being used to provide additional or comparative
information it is appropriate to use an introductory signal.
Do not use abbreviated introductory signals, such as “cf”, “f”, “ff” and
“et seq”.
Examples of appropriate introductory signals are as follows:
“See” – used where:
(a) The source referred to is not direct authority for the proposition in the main
text but that proposition can be inferred from the source.
(b) The source referred to is an opinion of an author rather than a statement of
fact. It is usually appropriate to include in a footnote beginning with “see”
some text indicating what the reader will see when consulting the source.