Defining Block Quotations
Block quotations are italicized and indented from the left margin in a paragraph. There are a couple options for line spacing, but the default is one-and-a-half. Double-spaced is preferred for printed court documents in order to leave room for the judge to make notes.
Block quotations do not need quotation marks around them. Instead, the authorship of the quote is credited by providing a citation at the end of the block quote, either as a footnote or parenthetical citation. As stated before, block quotes are often used in legal writing because legal documents tend to involve longer quotations from statutes, case law, or academic publications.
Block quotations are generally employed to maintain accuracy and consistency in citation when citing long excerpts from sources. If you were to convert quotes with a series of 100 or more unaltered characters, your style and formatting may be compromised. In most cases, longer quotes (consisting of 40 or more words) are better represented using the block quote method .
Here’s how the quotation from Uncle Sam against Indiana, a 1994 Fifth Circuit Court case, appears as a normal inline citation in this article:
According to the 5th U.S. Circuit Court of Appeals, "[W]here a State places restrictions, actual or counterproductive, on the use of federal trademarks, they impede the implementation of a federal system that relies on national uniformity." (Uncle Sam v. Ind., 28 F.3d 676 (5th Cir. 1994))
And here’s how it would appear as a block quote:
(3) "Where a State places restrictions, actual or counterproductive, on the use of federal trademarks, it impedes the implementation of a federal system that relies on national uniformity." (Uncle Sam v. Ind., 28 F.3d 676 (5th Cir. 1994))
All that’s needed to convert an inline capitalization-style quotation into a full block quotation is to adjust the spacing, remove the single quotation marks, and adjust the citation to appear after the closing punctuation of the last sentence.
Usage of Block Quotations
When it comes to legal writing, a block quotation typically is reserved for when quoting a passage that you deem to be particularly significant. While the decision will always be yours, certain situations overwhelmingly support the use of block quotations.
Statutes. When quoting from a statute or a significant part of a statute, a block quotation is justified. Cases. Block quotations are appropriate when you are quoting from a case opinion. When you find a quotation-worthy portion of an opinion, it is often a good candidate to present as a block quotation. Regulations. Similarly, if you want to quote from an administrative regulation that you find to be important in your legal briefing, a block quotation is often warranted. When you have a long quotation where you cannot eliminate excess verbiage, the result is a block quotation. When an exact quotation is necessary. When arguing against the correctness of an issue, the legal basis for the decision or even the factual conclusions, you may want to include an exact quotation from the decision that exhibits what you take to be problematic and erroneous. The portion that you choose to quote should amount to a governing rule. When translating passages is not adequate. In an immigration appeal, the court may be required to interpret applicable treaties. When citing to a treaty, you may need to quote some of the passage verbatim. If it is not necessary to quote the entire passage word-for-word, it may still be preferable to cite to the document and quote the parts of the text that are puzzling or troublesome.
Formatting of Block Quotations
Since block quotations often span multiple lines of text, the spacing between the quoted passage and the surrounding text matters. The formatting rules for this vary between different citation styles. In his textbook "A Uniform System of Citation 20th Edition," known colloquially as the Bluebook, Frederick Tyler Narrow, Jr. recommends indenting the entire quoted passage from the left margin. He further endorses indenting, if needed, the right margin so that the block quotation has both vertical sides fully detached from the text surrounding it, making it stand out. While indenting the right margin may not be practical for many cases, indents from the left typically are the norm for American legal writing.
Generally speaking, Bluebook rule 5.2(b) also states that block quotations should be presented in a smaller font size than the rest of the text, specifically 1-2 points lower. However, the rule has been noted for being ambiguous, as it does not specify whether to use 12‐point or 10‐point. It is possible that the inconsistency between the 10‐point and 12‐point rule is an intentional "grey area" since "the primary method for demarcating paragraphs of [an] opinion is through indentations of the first line or a series of star dots." While the book does endorse the use of sizes 10‐14 for font used in legal documents, it does not specifically mention whether to use 10‐point or 12‐point. In the Sixth Edition of "ALWD: The Bluebook" (2013), the Association of Legal Writing Directors recommends no specific font size for block quotations.
Bluebook 5.2(e) allows citations to appear at the end of a block quotation like they do in the regular text, but the citation text obeys the complete citation guidelines for that source in addition to the standard spacing of a citation. In some cases, you may want to footnote the citation instead of offering it inline at the end of the quoted passage. If that is the case, you will want to add a citation marker like an asterisk or a number in parentheses at the end of the quotation to point your readers to the footnote in question.
How to Integrate Block Quotations
Effective integration of block quotations requires more than merely lumping them at the end of a paragraph or decorated with a flourish. Here are some best practices: As a general rule, when integrating a block quotation, you should transition into the block quotation with a strong signal phrase and then transition away from the block quotation as well. This is particularly important when the quote is doing serious work, like establishing prima facie elements or rebutting opposing arguments. For instance, if a quoted witness’s clear description of a legal concept establishes that the witness had the skill and experience to testify, you would not merely insert the quotation into your paragraph without any lead-in or commentary. Instead, you’d prime the reader for the quote and then highlight its significance afterward: In addition, [the expert] observed that storm events cause seasonal supply shortages which in turn lead to price spikes, and that this phenomenon is widely understood: During the peak rate period in June through September of this year, many unforeseen characteristics contributed to the drastic price increases . In particular: (1) [Language Water] experiences higher prices during periods of low reservoir levels and lower rainfall; (2) outdoor usage peaks faster than normal during these times; and (3) [Language Water] did not have a full allocation of water supplies for summer 2015 to meet demand. This means that if there is one day of hot weather, and then one more of hot weather two days later, demand and therefore prices for the second day will be higher than otherwise, because people will run their air conditioning systems longer than usual, thereby wasting water at a greater rate than normal. . . . Mr. Smith’s testimony regarding outdoor usage reinforces this conclusion that hot weather events lead to seasonal supply shortages, which cause price spikes. For example, Mr. Smith testified that the City must ration water to customers to reduce outdoor usage and slow the growth over its peak rate period. With the City’s conservation program underway, customers are limited to watering their yards only once or twice a week, and then only in the early morning or late at night. . . . Thus, because outdoor usage constitutes such a substantial portion of daily demand, and such usage is particularly sensitive to weather events, hot weather leads to seasonal supply shortages which cause price spikes.
Potential Errors with Block Quotations
Block quotations, like any tool, have a tendency to be misused. When it comes to block quotations and legal writing, such misuse is unfortunately the norm. The most common mistake with block quotations is over-reliance on them. Legal writing is supposed to be an expression of your analysis. Block quotations are simply examples, not an excuse to turn over the keys to your analysis. There is no greater sign of a novice in legal writing than someone who opens their document with a block quotation from a case—a case they did not write—as the substitute for their introduction. The proper way in such a case is to first introduce the quote. Such an introduction could be as simple as a one-sentence transition. "The Supreme Court has recognized that when a defendant is accused of involuntary civil commitment, the burden is on the state to demonstrate that the defendant poses a significant danger to the public." Then follows the block quotation. The same over-reliance on block quotations occurs throughout an article, though. The author might use a block citation after almost every sentence or paragraph. Such sentences and paragraphs almost invariably rely too much on the quote. Again, quotations are examples, not analysis. As a general rule, quotations without an earlier introduction of the subject to which the quote applies are probably too much. Often, the author will need to set up the subject of the quote, explain its significance, and only then provide the quote. Another common mishap is improper formatting. Take, for example, this quoted case: "To be entitled to a lower burden of proof ‘based upon a presumption, inference or allocation of the burden of persuasion,’ you must allege facts which support your conclusion that the presumption or inference arises from the facts. To plead such facts is ‘essential to an adequate statement of a cause of action’ and, therefore, fundamental to your task as a plaintiff. That quote is too short to qualify as a block quote. A quote that short should be presented in a hanging indent unless it is a part of a complex parenthetical. Quoting an entire case in a parenthetical is generally a bad idea. A final critical error is failing to connect the block quote back to the paragraph. Too often, a writer will replace a sentence with a block quotation and thereafter never discuss the quotation again. Such a writer might as well have not included the quotation at all. A properly formatted paragraph that connects the block quotation would read something like this: "In responding to a 12(b)(6) motion, unlike a summary judgment motion, this Court will not reject well-pleaded facts weighed against the allegations contained in another complaint. While a 12(b)(6) motion can be a procedural vehicle to counter the sufficiency of a complaint’s allegations, the deficiency must be found to be apparent from the face of the complaint. The District Court therefore erred in dismissing appellant’s third amended complaint under a 12(b)(6) motion. The dissent points out that it is ‘difficult as a practical matter for a defendant to prevail on a 12(b)(6) motion without proffering evidence of the type that may be considered on a motion for summary judgment.’ (quoting Hoblock v. Albany Cnty. Bd. of Elections, 422 F.3d 77, 82 (2d Cir. 2005))); see also Durning v. First Boston Corp., 815 F.2d 129); But without such a connecting sentence, the writer would do better to draft the paragraph without the block quote, e.g., "In responding to a 12(b)(6) motion, this Court will not reject well-pleaded facts weighed against the allegations contained in another complaint. While it can be a procedural vehicle, 12(b)(6) is not the proper means here; the deficiency must be found to be apparent from the face of the complaint, and consequently, the District Court erred." A similar problem occurs when a writer explains a case through numerous block quotations without linking them back to the text. Too many quotes in a paragraph will lessen the impact of each. So as a general rule, if you can combine the quotes into one block quotation and link them back, it should be done. All of these mistakes can be avoided with a little extra attention.
Clarity and Readability with Block Quotations
Enhancing readability is a basic goal of legal writing. This goal can be a challenge, especially when using longer quoted material. Use these tips to avoid excessive use of block quotations:
1. Use block quotations only as needed. Readers find it difficult to absorb large quantities of text, especially if it is written in dense legal language.
2. Avoid starting sentences and paragraphs with a block quotation. Start with a phrase that identifies the quoted speaker, such as:
(a) "The court held . . . ."
(b) "Jones stated in his deposition that . . . ."
(c) "According to Smith et al., . . . ."
3. Contextualize the quotation. Block quotations stand out from the text. When they appear alone after a paragraph, they command extra attention. Consider providing introductory and concluding sentences around your block quotation to frame its context. You might write:
The phrase "positive manner" has long been used in the medical profession. The court in Johnson v. Watson, 123 Cal. App. 5th 456 , 789 (1994), said: …
Although the phrase does not have a fixed legal meaning, its use in medical contexts is a strong indicator that Jones’s actions were improper.
4. Avoid adding superfluous phrases before your quotations and incomprehensible phrases afterwards. For example, do not say:
As the court so eloquently states in the case of John v. Smith, 543 F.3d 678 (2012), "This Contract is in full force and effect." Consider rather:
"This Contract is in full force and effect." John v. Smith, 543 F.3d 678 (2012).
5. If you present a long block quotation, explain in plain words the significance of the quotation to your legal argument:
In California, the statute specifically requires a finding of prejudice as a condition of awarding punitive damages. "…without a showing of prejudice, punitive damages are not available in this action." McMillan v. Parker & Co., 543 F.3d 678, 789 (2012)(punitive damages require prejudice). This must be established before parties may recover punitive damages.
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