All About Tabulated Lists
Many forms of documents require the organization of information into a tabular format. In addition to complex pleadings, statements of facts, exhibits, and discovery requests, presenters of evidence for trial may require such lists.
Tabulated lists reduce the amount of space that the content of the list uses; instead of listing items in paragraph or sentence form, the list uses a visual presentation. Thus, even though the content of the list might be lengthy, it can be presented in a relatively short amount of space.
A list is indicated by using a series of reference symbols, such as open parentheses, hyphen+dash, or uppercase and lowercase letters. In a list, each symbol corresponds to an item, and the items are organized sequentially. Order of the items within the list is strictly maintained. Items should be presented in the order in which they appear.
In simple lists, the items are presented sequentially, without spacing . In more complex lists, items may be grouped together to show related or disjointed relationships between groups.
The list is written in terms of lists; that is, each symbol of the list begins with a capital letter. Professional writers use sentences and paragraphs within the list, but they do so while avoiding certain difficulties in punctuation. To recognize the sequence of items and to avoid confusion when reading the letters or numbers of the list, punctuation marks are avoided between the separate items. Also, in resurfacing the list later, many professional writers enclose brief remarks about the topic that the item addresses, such as a case name, an interrogatory answer, or a statute.
In summary, tabulation formats the list; normally, items are not numbered separately. Individual items of a list may themselves contain sublists.
Professional writers avoid using lists without the reader’s orientation. For example, writers should explain that, after the outline of the entire discussion, the list either begins or continues.
Parts of a Tabulated List
With the rise in the utilization of spreadsheets and tables, the legal relevance of tabulated lists has returned to the forefront of legal writing. No matter what tools you may be using to craft your list or what formatting you should employ, tabulated lists help the court to efficiently scan the information that you are presenting.
Like any list, tabulated lists are made up of different components, and how you use each will depend on the purpose for which the list is being generated. Some of the common components of a tabulated list include:
Headers – The header is a list of all of the categories that are included in the subsequent rows.
Rows – The rows are the categories that contain the information that you are presenting in your list.
Columns – The columns contain all of the requested information for each category.
Bullet Points – Bullet points are useful because they are unique among the components of a tabulated list in that they are typically preceded by punctuation (i.e. the hyphen).
The information that you provide in the rows may also be divided into separate columns. For example, if you are showing inventory, the information for your tables may be broken down into part number, quantity, and price per item.
Annotations – These are the notes that elaborate upon the content of the table and may also reference specific legal issues related to the information presented within the listing.
Why They Matter to Legal Writing
Clarity and organization are the two key reasons to use tabulated lists in legal documents. Information is often too complex or simply too lengthy to flow in a short paragraph, so using a bigger paragraph is not effective. You still have to break it down into smaller paragraphs that force readers to digest all of the information. Tabulated lists help convey a sense of order to your document that would simply be missing if the same information qualified as a paragraph.
When you use a tabulated list, the following information stands out more in the reader’s mind: The above list illustrates how you simply can’t do any of the above with a paragraph in written form. You can highlight, bold, color, indent and set apart text in a paragraph, but it won’t have the same impact as a list.
How to Use Them in Legal Writing
Creating tabulated lists is a very effective way of presenting material, provided the lists are concise and well organized. But overuse or poorly designed lists will deter rather than encourage readers. Here are a few considerations for crafting clear, effective tabulated lists: Consider layout. If you have enumerated paragraphs or paragraphs written in bullets, these elements should match (i.e., letters next to letters, numbers next to numbers). Further, lists within lists should be noted by different fonts or indentations. If you are using letters with a list, change to numbers at any indented point deeper in the list (e.g., a.2.a) for clarity. Margin your lists. In long documents, margin tabulated lists with indents that are as far as half an inch from the left margin. Use an indirect hang. This means placing the first line of a paragraph or subparagraph farther to the right than other lines of the same paragraph or subparagraph. Direct hangs (where each paragraph or subparagraph indents the same amount) can create a disjointed look for lawyers who prefer a more uniform page appearance . Align your lists. If your list fits on the page rather than extending down the page, center your lists or create standardized margins to the left and right of the list using a table of contents style. Utilize horizontal lists. In legal writing, mostly one must tread a fine line between using too many lists and not enough. Do not add lists just for the sake of having them. Horizontal lists can be helpful in some circumstances, and they can be even more effective than vertical lists. Be mindful of style. Be consistent in your use of font styles, line spacing, and punctuation with your tabulated lists. Prior to finalizing your document, make sure your list is well ordered and easy to read. Even standard ones, you might need a key component that numbers or letters can’t deliver. For questions regarding when to employ the list technique and when this format may not fit, consult a good legal writing guide like The Redbook. These sources discuss the successful use of tabulated lists as well as potential drawbacks.
Common Pitfalls
Avoiding the following easily-remedied mistakes will help ensure your reader focuses on your content rather than your style.
Missing periods. Previously, I discouraged you from using periods at the end of numbered lists. Use of periods at the end of a list has become a common mistake, even among the lawyers to whom I send such lists with instructions to "not put periods at the end of each item on the list." Some lawyers tell me that their legal word processing programs force them to treat the items in a numbered list as a series of paragraphs, thus requiring periods at the end. (Actually, it’s easy to avoid that problem in WordPerfect by starting a numbered list at paragraph one. To do so, click in front of the first item in the list. Then select Format, Paragraph, and Layout, and choose Numbering Style: Numbering type: Numbered. In the dropdown box entitled Start At, type a 1 and click OK.)
Extra items. Do you ever end up with blank spaces at the end of a list? Especially in the middle of a sentence? This is generally the result of having hit the "carriage return" or "enter" key at the wrong time. Make sure to only hit those keys when you intend to create an extra space between items in a list, or to end the list and continue with the rest of your sentence. Otherwise, you’ll end up with an embarrassing and unnecessary blank space.
Inconsistent list styles. Even though I discourage using periods, you may be able to use periods between items in a tabulated list. Just be consistent. If you use periods, do so in every list in the same document. If you don’t use periods, don’t use them in any list in the same document.
Transposing items. This mistake is generally the result of carelessly cutting and pasting to create a list. Sometimes, you cut and paste but fail to move every item from the previous list to the next list, or you accidentally copy items from the next list to the previous list. The lawyer or paralegal who creates a list by copying and pasting items from prior to a defined point in the document or a subsequent phase of the document faces the same risk of creating a list that contains transposed items.
Tangential or questionable lists. Not every list belongs in a brief. Some lists are not simple, but rather contain tangential or questionable information. For example, lists placed in a brief to counter a witness’s testimony but that stray beyond that are often unnecessary and unwelcome. As with all legal writing, always ask yourself whether the information is necessary.
Too many lists. Listing is a useful tool; however, excessive use of lists can detract from your writing. If you have enough listed items to fill one page, you may even consider grouping them into sublists.
Tabulated Lists in Practice
Court opinions frequently utilize tabulated lists to organize and clarify their judgments. Such is the case in Pennington v. State, 872 So. 2d 19 (Fla. 2004). Petitioners Jeffrey Pennington and William Lee Bradford successfully sought postconviction relief on claims that their trial counsel were ineffective for a variety of reasons. In entering its order granting relief, the court used a tabulated list to specify the sentences being reversed and remanding. Likewise, disclosures of expert witness information require tabulated lists that summarize a variety of information. In the Circuit Court of Clark County, Nevada, such lists are required to be filed with respect to an expert who will be testifying at trial. See Clark Cty. Code ยง 8.04.226 (B). The first version of the expert disclosure requires a party to file a document that lists the expert’s name, address, telephone number and expert field. The second version of the expert disclosure requires a party to file a document that includes: 1) a copy of the expert’s entire file except correspondence and notes to and from the attorney; 2) a summary of the expert’s opinions, the reasons therefor and the basis of those opinions, including all information relied upon in formulating the opinions; and, 3) all facts or data, including any compilations and reports , relied upon by the expert. The disclosure form itself provides a tabulation of the necessary information requested.
The rules of court governing the filing of discovery motions in California also provide for the use of tabulated lists. For example, pursuant to California Code of Civil Procedure Section 2030.290(a)(1), the court may impose monetary or issue sanctions against a party for failing to attend deposition, serve answers to interrogatories, respond to request for admission, or produce documents for inspection when ordered to do so. Penalties may also be imposed for misusing or failing to act in good faith to resolve a discovery dispute. See id. at (c)(4). When imposing a monetary sanction, the court may require that the attorneys for the party "submit to the court a declaration detailing" the "reasonably necessary" attorney’s fees and support expenses incurred in seeking the imposition of the sanction (Id. at (d)(3)). The court also may require the attorney to submit a "declaration stating that a good faith attempt was made to informally resolve the Discovery Dispute" (Id. at (b)(3)). However, the declaration should only list "the reasonable number of hours worked by each person for whom the attorney is claiming reimbursement, and the reasonable hourly rate for each person" (Id.).