While the principal citation reference works still treat the citation of electronically accessed sources as though they were exceptional cases, increasingly online sources, disc, and e-book publications constitute not only print alternatives, but preferred distribution channels. This is true for judicial opinions, statutes, regulations, journal articles, and government reports of many kinds. Not only are many legal materials now available in paired print and electronic editions put out by a single publisher, but sources have proliferated. Today, it is far less likely than it was only a few years ago that the person writing a legal document and that document's readers will be working from exactly the same source in the same format.
This shift makes it important that, wherever possible, a citation furnish sufficient information about the cited material to enable a reader to pursue the reference without regard to format or immediate source. With the most frequently cited materials cases, constitutions, statutes, regulations, and recent journal articles this is typically not a challenge since most legal information distributors, whether commercial, public, or nonprofit, endeavor to furnish all the data necessary for source- and medium-independent citation.
So long as you are able to furnish all the citation information called for by § 2-200, there is no need to indicate whether you relied on any one of numerous online sources, an e-book or a disc instead of one of the several print editions for the text of a U.S. Supreme Court decision. Similarly, your citations to provisions of the U.S. Code or a comparable compilation of state statutes need not indicate whether you accessed them in print or from an electronic source, nor need you indicate that you accessed an article in a widely distributed law journal on LexisNexis, Westlaw, HeinOnline or some the journal's own Internet site.
Citations making specific reference to an electronic source are necessary only when the cited material is not widely available from multiple sources and when identifying a specific electronic source is likely significantly to aid readers' access to it.
The relevant citation principles follow; section 3-100 provides basic examples.
2-110(1) Examples Window (restore)
Principle 1: Cite to material as it is denominated and organized in "print" unless much better access is available electronically. Even where an electronic source is used, if the original material is formatted for print, cite in relation to the print version, but follow that reference with a parallel citation to the electronic source if that is likely to aid retrieval. "Likely to aid retrieval" should, of course, be considered from the standpoint of expected readers of the work in which the citation will appear.
¡But see § 2-115(1)!
2-110(2) Examples Window (restore)
Principle 2: The citation should consist of all the elements required for the basic document type (e.g., case, constitution, statute, regulation, article, report, or treatise), and as complete an ID or address for the online electronic source as is available.
Examples of appropriate address information include:
¡But see § 2-115(2)!
Where no unique address is available indicate the source including, if applicable, the database identification information in a parenthetical, e.g.
Similarly, if a complete URL is either unavailable or unwieldy and a Web search on the title will not retrieve thee document, provide a base URL plus the steps necessary to access it in parenthese, e.g.
2-110(3) Examples Window (restore)
Principle 3: A date should be furnished for an electronic source when the document citation does not itself carry that information unambiguously. That date should be the stated "current through" date or release date for a disc, the "through" date for online sources if available or a "last modified" or "last updated" date if one is furnished for the cited material or, failing all else, a "last visited" or "accessed" date. Where such a date is required, it should be placed at the end of the citation in a parenthetical «e.g.». If there is already a parenthetical including source and database information (see above), the two should be combined, separated by a comma «e.g.» .
2-115 Examples Window (restore)
Point 1: Prior to the 2015 edition. The Bluebook called for the phrase "available at" (in italics) to be inserted at the beginning of parallel Internet citations. Since that has become embedded in judicial practice, it will very likely continue. Numerous courts that employ the format, including the nation’s highest, do not italicize the phrase. Others, New York being one, place a parallel electronic address (URL, commercial database cite, database identifier) in parentheses or brackets preceded by "available at" «e.g.».
Point 2: The courts of some states, Ohio and Montana among them, favor “accessed” or “last accessed” over "last visited". Those of most employ the phrase “last updated” rather than “last modified” «e.g.».
2-120 Examples Window (restore)
Scholarly articles frequently appear online prior to their appearance in print, if, indeed, that ever occurs. Often, they are issued in an institution's working paper series. Where that is the case, the working paper designation and number should be included in the citation in the parentheses containing the date «e.g.».