Iowa: Supreme Court citation practice | Citation rule(s)


Examples from Al-Khattat v. Eng'g & Land Surveying Examining Bd., 644 N.W.2d 18 (Iowa 2002)

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There are two ways to become licensed as a professional engineer in Iowa: (1) licensure by examination; and (2) licensure by comity. The first method applies to applicants seeking original licensure as a professional engineer in Iowa. To obtain initial licensure, an applicant must satisfy each of the following requirements:

a. (1) Graduation from a course in engineering of four years or more in a school or college which, in the opinion of the board, will properly prepare the applicant for the examination in fundamental engineering subjects.

. . . .

b. Successfully passing a written, oral, or written and oral examination in fundamental engineering subjects which is designed to show the knowledge of general engineering principles. . . . [i.e., the Fundamentals of Engineering examination]

c.. . . [A] specific record of four years or more of practical experience in engineering work which is of a character satisfactory to the board.

d. Successfully passing a written, oral, or written and oral examination designed to determine the proficiency and qualifications to engage in the practice of engineering. . . . [i.e., the Principles and Practice of Engineering examination]

Iowa Code § 542B.14(1). The NCEES prepares the two examinations administered to initial licensure applicants. Iowa Admin. Code r. 193C--1.4(4) (1997). Both are written, uniform examinations. Id. The Fundamentals exam "covers general engineering principles," id. r. 193C--1.4(4)(a), and is intended to satisfy the requirements of section 542B.14(1)(b), while the Principles and Practice exam addresses "proficiency and qualification to engage in the practice of professional engineering," id. r. 193C--1.4(4)(b), and is intended to satisfy the requirements of section 542B.14(1)(d).

. . . .

Furthermore, the Board has consistently interpreted section 542B.20 to reject comity licensure where the applicant has not satisfied standards comparable to those required of initial licensure applicants in Iowa. See Horner v. State Bd. of Eng'g Exam'rs, 253 Iowa 1, 8-9, 110 N.W.2d 371, 375 (1961). No evidence was produced indicating the Board has issued comity licensure to an applicant who has not taken an examination comparable in design to the Principles and Practice of Engineering examination.

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Iowa R. App. P. 6.904, http://www.legis.state.ia.us/DOCS/ACO/CR/LINC/02-02-2011.chapter.6.pdf.

Rule 6.904 References in briefs.

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6.904(2) To legal authorities.

a. Cases. In citing cases, the names of parties must be given. In citing Iowa cases, reference must be made to the volume and page where the case may be found in the North Western Reporter. If the case is not reported in the North Western Reporter, reference must be made to the volume and page
where the case may be found in the Iowa Reports. In citing cases, reference must be made to the court that rendered the opinion and the volume and page where the opinion may be found in the National Reporter System, if reported therein. E.g., _ N.W.2d _ (Iowa 20_); _ N.W.2d _ (Iowa Ct. App. 20_); _ S.W.2d _ (Mo. Ct. App. 20_); _ U.S._, _ S. Ct._, _ L. Ed. 2d _ (20_); _ F.3d_ (_Cir. 20_); _ F. Supp. 2d _ (S.D. Iowa 20_). When quoting from authorities or referring to a particular point within an authority, the specific page or pages quoted or relied upon shall be given in addition to the required page references.

b. Iowa Court Rules. When citing the Iowa Court Rules parties shall use the following references: (1) "Iowa R. Civ. P."; "Iowa R. Crim. P."; "Iowa R. Evid."; "Iowa R. App. P."; "Iowa R. of Prof’l Conduct"; and "Iowa Code of Judicial Conduct" when citing those rules. (2) "Iowa Ct. R." when citing all other rules.

c. Unpublished opinions or decisions. An unpublished opinion or decision of a court or agency may be cited in a brief if the opinion or decision can be readily accessed electronically. Unpublished opinions or decisions shall not constitute controlling legal authority. When citing an unpublished opinion or decision a party shall include an electronic citation indicating where the opinion may be readily accessed online. E.g., No. _______, ______ WL _________, at *___ (____ 20__).

d. Other authorities. When citing other authorities, references shall be made as follows:

(1) Citations to codes shall include the section number and date.

(2) Citations to treatises, textbooks, and encyclopedias shall include the edition, section, and page.

(3) Citations to all other authorities shall include the page or pages.

e. Internal cross-references. Use of “supra” and “infra” is not permitted.