Legal Writing Punctuations

Fundamental Rules of Usage
RULES ON PUNCTUATION
Mens lives may depend upon
a comma....
- Johnson, J.
8/25/2014
Fundamental Rules of Usage

The writer who neglects
punctuation, or
mispunctuates, is liable to
be misunderstood.
- Edgar Allan Poe
8/25/2014
Main Reference
8/25/2014
REFERENCES
The Elements of Style by Bryan A.
Garner (1991)
The Elements of Style Strunk, W.,Jr.
and White, E.B.
Tips for Effective Punctuation in
Legal Writing by The Writing Center
(2005, Georgetown University Law
Center)
8/25/2014
PUNCTUATIONS
- Visual aids to help the reader better
understand a written material.

- -guide the reader to the writers
intent and meaning.
- Objective:
- To use punctuation correctly &
sparingly.
8/25/2014
PERIOD (.)
- Most common punctuation mark
- One of the three terminal marks,
together with the question mark

(?) and exclamation marks(!)
8/25/2014
PERIOD
1. Used after a statement, command or
request
2. Used after an indirect question
ex. The judge asked if I have other
witnesses.
8/25/2014
PERIOD
3. Used after initials and most
abbreviations.
Except: in the abbreviation of wellknown organizations
SCRA
UN
YMCA SC
*If an abbreviation with a period comes
at the end of the sentence, only one
period is used.
8/25/2014
PERIOD
4. Used to end a request or command
courteously phrased as a question when
no reply is expected
Ex. Would you be so kind as to
convey my greeting to your sister.
8/25/2014
COMMA (,)
- Most troublesome punctuation mark
- Tendency to be over-used or under-
used
- two uses:
- single comma (used to separate)
- Double commas (set-off clauses)
8/25/2014
10
Put a comma before the second

clause in compound sentences
Comma separates independent clauses
joined by coordinating conjunctions:

and, but, or, nor, and for
Illustration : The United States is a
common-law country, and its judges
are common-law judges.
8/25/2014
11
Exception where the compact main clauses
have the same subject, avoid the comma if

the subject is not expressed in the second
clause
Illustration 1 He did it and never regretted
it.
Illustration 2 The good brief should
address all the issue and should analyze
them intelligently.
8/25/2014
12
Comma with independent clauses

When independent clauses are joined by a
coordinating conjunction (e.g., and, or, for,
nor, yet, so, and but), the comma is placed
before the conjunction to form compound
sentences.
-Rule is used in longer compound sentences
but not in short compound sentences.
8/25/2014
13
Comma with independent clauses

The plaintiff wanted to implead Mrs. Kho
as defendant, and he wanted the case
heard before the long break.
The defendant shouted and he banged the
table.
8/25/2014
14
Set off dependent introductory

phrases with a comma
Generally, set off phrases that come
before the main clause. Unless the

introductory phrase is essential to
the meaning of the sentence,
punctuate it with a comma.
8/25/2014
15
Comma after introductory

element or phrase
Examples:
Word:
However, Fortunately, First,
Soon, Obviously, Yes, No, Nevertheless,
Well, Indeed,
Phrase: Being blood, In fact, Very soon,
Dependent Clause: At the time of the
incident, Speaking to the defendant, On
the advice of my lawyer,
8/25/2014
16
Comma after introductory

element or phrase
Examples:
To prevail in this matter, the plaintiff
must satisfy four elements.
First, the plaintiff must demonstrate that
the defendants statement was false.
8/25/2014
17

Exception : When the sentence or the
introductory phrase is short, or when
your ear so counsels, omit the comma.
Illustration 1: By October the debt had
climbed to more than P100,000.
Illustration 2: In 1989 the Litigation
Section was the A.B.C.s largest.
8/25/2014
18

Rule of thumb: If the introductory
phrase is very short, e.g., not more than
three words, the writer is given the
discretion whether to use the comma or
not. Either is acceptable; one may or
may not place a comma depending on
how one wants his sentence to sound.
8/25/2014
19
Compare:
Very soon the defendant will rest his
case.
Very soon, the defendant will rest his
case.
8/25/2014
20
COMMA WITH COORDINATE

ADJECTIVES
Paired adjectives may independently modify
a noun; to state the relationship negatively,

the first adjective in the pair neither
depends on nor modifies the second
adjective.
E.g. 1: an ambitious, entrepreneurial woman
E.g. 2: a reserved, cautious person
E.g. 3: a simplistic, fallacious conclusion
8/25/2014
21
Put a Comma Between Two Adjectives

that Modify a Noun
The defendant chose to wear his
most colorful, traditional costume
in court.
8/25/2014
22
When adjectives qualify the noun in
different ways, or when one adjective

qualifies another, do not use a comma
E.g. 1: a Scottish legal theorist
E.g. 2: a distinguished foreign
journalist
E.g. 3: a small white rabbit
8/25/2014
23
Tip: If in doubt, silently put
and between the adjectives. If it

makes good sense (a reserved
and cautious person), place
comma; if awkward (a small and
white rabbit), dont use comma
8/25/2014
24
COMMA AFTER TRANSITIONAL WORDS

Such as
moreover, therefore, thus, furthermore
When appearing in the beginning or in
mid sentence, COMMAS must be used.
Example:
Therefore, we have decided to withdraw.
My advice, thus, is to intervene.
8/25/2014
25
COMMA BEFORE INTERROGATORY TAGS

Example:
The judge is the Rotary president of

the district, isnt he?
*Rule is applicable when the subject of
both the statement and the question is
the same person or thing.
8/25/2014
26
COMMA BEFORE INTERROGATORY TAGS

Compare with:
I am planning to attend the IBP
National Convention this year.
Arent you?
*Rule is not applicable when the subjects
of the statement and the question are
different.
8/25/2014
27
COMMA TO AVOID AMBIGUITY

Use comma to separate words or figures to
avoid being misunderstood.
In 1991, 6,000 people died in the Ormoc
flood.
8/25/2014
28
COMMA TO COORDINATE DATES

August 11, 2014 was the start of the
new academic year at Saint Louis
University, Baguio City.
8/25/2014
29
COMMA TO SET OFF ABBREVIATIONS

The abbreviation etc., even if only a single
term comes before it, is always preceded
by a comma.
The same rule applies to jr.
8/25/2014
30
COMMAS TO SET-OFF
PARENTHETIC EXPRESSIONS
-Words or expressions that give additional
meaning but are only incidental to the
main thought of the sentence. If they
appear in the middle of the sentence,
double commas are used.
Ex. Judges, just like any human, may be
tempted to overlook facts out of pity.
8/25/2014
31
COMMAS TO SET-OFF
CONTRASTING EXPRESSIONS
-Parenthetic expressions introduced by
not, but not, but, although not, though
not usually
appearing in the middle of the sentence
Ex. The plaintiff, but not his wife, is
predisposed to settle.
8/25/2014
32
COMMAS TO SET-OFF
LEGAL CITATIONS
-Legal citations appearing in the middle
of the sentence
Ex. In Lu v. Manipon, 381 SCRA 788,
registration is not equivalent to title.
8/25/2014
33
COMMAS TO SET-OFF
APPOSITIVES
Words placed beside another to add to or
explain the first. Sometimes preceded
by such as, or, especially, particularly,
most notably, etc.
Ex.1 Jose, Marias older brother, is here.
Ex.2 The bus, old and dilapidated, still
transports passengers.
8/25/2014
34
COMMAS NOT TO SET-OFF

SINGLE WORD APPOSITIVES
Single word placed beside

another to add to or explain the
first.
Ex. My sister Jhoanna is not here.
8/25/2014
35
COMMAS TO SET-OFF
NONRESTRICTIVE ELEMENTS
phrases that modifies part of the
sentence but which phrase is not
essential to the over-all meaning of
the sentence.
-usually starts with which, who,
although, though
Ex. The class, which meets at the 4th
floor , has invited Judge Cabato.
8/25/2014
36

RESTRICTIVE ELEMENTS
Essential or restrictive phrases do not
need commas
-usually starts with that, when,
because, before, while, if
Ex. The class that meets at the 4th
floor has invited Judge Cabato.
8/25/2014
37
COMMAS TO SET-OFF
QUOTATIONS
1. Before a quote when a phrase
introduces the quote, but do not use
a comma if the quote is integrated
into a large sentence.
He replied, I think the car was blue.
He replied that the car was blue with
white racing stripes.
8/25/2014
38
COMMAS TO SET-OFF
QUOTATIONS
2. Commas and periods always go
inside of the closing quotation

mark.
3. All other marks go inside the
closing mark only if the mark is
part of the quote.
He asked, What time is lunch?
8/25/2014
39
COMMAS TO SET-OFF
QUOTATIONS
4. All other marks go outside the
closing mark if the mark is part of

the larger sentence
Ex.
Did he really call his classmate an
obnoxious sycophant?
She said next Sunday; however, I
think she meant tomorrow.
8/25/2014
40
COMMAS TO SET-OFF
QUOTATIONS
Ex.
The laws, said Cicero, place the
safety of all before the safety of
individuals.
8/25/2014
41

QUOTATIONS
When the quotation is only one word
Ex. The witness screamed stop!
Not with a partial quotation that is
part of the sentence
Ex. The mediator said that he is
giving the parties 30-day
extension.
8/25/2014
42
Always Use the Serial Comma

Separate items, including the last from
the next to the last, in a list of more

than two.
Makes phrasing parallel
E.g. The defendants, the third-party
defendants, and the
counterdefendants.
8/25/2014
43
Serial Comma
Omitting final comma may cause
ambiguities
Illustration : The judge ordered for separate
comments on the motions for
reconsideration, dismissal, accounting and
litigate as pauper and court pass.
Query : How many comments does the
judge require?
8/25/2014
44
Serial Comma
Use comma between the last items in a
series. Though considered optional, the use

of the comma in legal writing is
recommended to avoid any possible
confusion.
My clients estate is to be divided equally
among his nephew, his son, his daughter,
and his son-in-law.
8/25/2014
45
Serial Comma
TIP : Use the serial comma always to avoid
ambiguity
Exceptions
1. name of law firms and business firms
follow firms own practice
e.g. A, B & C Law Firm
A, B & Associates
Brown, Shipley and Company
8/25/2014
46
Serial Comma
2. Omit the comma before the
ampersand when listing the names of

joint authors
e.g. 6A C. Wright, A. Miller & M.
Kane, Federal Practice and Procedure
1528, at 294 (2d ed. 1990).
8/25/2014
47
Comma before a conjunction that

introduces a new subject and verb
Ex. The court declined the appeal,

but the Governor is considering
clemency.
8/25/2014
48
Comma before a conjunction that

introduces a new subject and verb
Tip: Avoid using a comma between

a subject and its verb. Do not use a
comma between two subjects that
share a verb or between two verbs
that share a subject.
8/25/2014
49
CORRECT USAGE
The officer pushed the door, which
was in a state of disrepair, and it
opened.
The plaintiff filed his reply brief,
which was longer than court rules
permitted.
8/25/2014
50
CORRECT USAGE
The complainant, a local
homeowner, has contacted the
police nine times.
The witness claimed that he, not the
defendant, was driving the car.
The judge, however, focused on the
policy implications of the decision.
8/25/2014
51
CORRECT USAGE
The leaders of the union and the
owners of the team met to begin
negotiations.
The lawyer objected to the statement
and moved to strike it from the
record.
8/25/2014
52
CORRECT USAGE
Red, white, and blue
Honest, energetic, but headstrong
He opened the letter, read it, and
made a note of its contents.
8/25/2014
53
INCORRECT USAGE
The leaders of the union, and the
owners of the team met to begin
negotiations.
The lawyer objected to the
statement, and moved to strike it
from the record.
8/25/2014
54
Avoid Using the Comma to

Combine Two Sentences into One
Comma splice using a comma as a period
without a coordinating conjunction (e.g.

and, together but) to hold independent
clauses.
E.g. The rule fastens liability on the
employer where his employee is negligent,
otherwise there is no liability.
8/25/2014
55

How to correct
1st remedy : The rule fastens liability on the
employer where his employee is negligent;

otherwise there is no liability.
2nd remedy : The rule fastens liability on the
employer where his employee is negligent.
Otherwise there is no liability.
8/25/2014
56

Original : The commission
prescribes two levels of

qualifications, one is for principals
and the other is for registered
representatives.
8/25/2014
57

The commission prescribes two levels
of qualifications; one is for principals

representatives.
of qualifications: one is for principals
representatives.
8/25/2014
58

of qualifications: one is for principals;

representatives.
of qualifications: one is for principals
and one for registered representatives.
8/25/2014
59
APOSTROPHE ()
Used to indicate letters missing
from words and to create

possessive forms of nouns.
8/25/2014
60
USE OF POSSESSIVES
1. Add s to SINGULAR nouns, even if the base
word ends in sibilants (with hissing endings)
s, ss, z, or zh. The same rule is applied in
proper nouns.
Plaintiff
Charles
Jones
Witness
Burns
Congress
Waitress
witch
defendant
Tomas
woman
family
Reyes
earth
Perez
testatrix
8/25/2014
61
USE OF POSSESSIVES
Exceptions:
For classical or biblical or ancient proper names
ending is s, add and apostrophe () only.
Ex. Jesus
Achilles Isis
Amos
Narcissus Aristophanes
Certain virtues take on an apostrophe only to
form the possessive
Ex. Righteousness conscience
8/25/2014
62
USE OF POSSESSIVES
If the possessive singular noun is followed by a
word beginning with an s sound, creating
three s sounds together, the s after the
apostrophe is dropped for ease in
pronunciation.
Ex. Business sales
Witness signature
8/25/2014
63
USE OF POSSESSIVES
2. Add to PLURAL nouns that end is s or z.
Otherwise, add s.
Defendants
Bosses
Framers
witnesses
sisters
workers
Children
brethren
8/25/2014
Reyeses
octopuses
thirty days
64
USE OF POSSESSIVES
3. For singular names written in plural form,
add the apostrophe only.
Philippine Airlines
Manila Times
Court of Appeals
Court of Industrial Relations
8/25/2014
65
USE OF POSSESSIVES
4. The apostrophe is NOT used for pronoun
possessives such as
its
his
theirs
ours
whose
8/25/2014
hers
yours
66
USE OF POSSESSIVES
5. If joint ownership is meant, the possessive
is formed by putting an apostrophe after the

name of the last owner.
when both own the lots together
John and Mylas lots
6. If individual ownership is meant, the
apostrophe is used after each owner.
when each owns separate lots
Johns and Mylas lots
8/25/2014
67
USE OF POSSESSIVES
7. For compound expressions, the possessive is
formed by putting the apostrophe after the last

word.
The bride-to-bes necklace
8/25/2014
68
to form the plural of a letter, figure or

symbol
7s; ts; is; Cs; Ms
(multiple numbers , single digit

numbers in figures, dates)
1980s; Segregate bills by 50s.
Boeing 767s
We must walk in twos.
8/25/2014
69
to abbreviate words in citation sentences
Natl, Dept, Assn

*Uncapitalized abbreviations
are pluralized with s. (cds)

*Capitalized abbreviations are
pluralized with s. (PhDs)
8/25/2014
70
IMPROPER USAGE
Avoid informal contractions in

formal legal writing
Ex. Shouldnt, arent, isnt, cant
doesnt, wouldnt
8/25/2014
71
IMPROPER USAGE
Do not use to create a plural

form of a name that ends with
an s. Instead add es to the
word.
Ex. Two Robertses on the Court
Four Joneses at the reunion
8/25/2014
72
Semicolon
Has the force of a strong comma or
weak period, separating parts of the
sentences, or joining sentences without
need of a conjunction.
8/25/2014
73
Semicolon
strong comma separates portions of a
sentence of equal rank if the other parts
are divided by commas
Ex. We have branches in Lipa City,
Batangas; Los Banos, Laguna; and
Dasmarinas, Cavite.
8/25/2014
74
Semicolon
weak period joins two independent
clauses without a conjunction
Ex. Visitors visit; guests are invited.
(loose)
Visitors visit. Guests are invited.
(better)
8/25/2014
75
Semicolon
Use a semicolon to separate sentence
parts calling for a stronger break than a

comma
First, semicolon may join statements
too closely related to be split into two
sentences by a period but not related
closely enough for a comma to suffice
8/25/2014
76
Semicolon
E.g. 1: The war had been not merely
profoundly unsettling experience in

itself; it had also marked for America
the beginning of unaccustomed and
vexing entanglements in international
affairs.
8/25/2014
77
Semicolon
E.g. 2: The statutes . . . must be viewed
against the background of the earlier

rules that husband and wife are one,
and that one the husband; and that
husband took the wifes chattels he was
liable for her debts.
8/25/2014
78
Semicolon
Second, semicolon may separate
enumerated items that themselves

contain commas, the purpose being to
avoid ambiguity that would otherwise
result from using commas in two
different ways.
8/25/2014
79
Semicolon
E.g. 1:The company has offices in Ermita,
Manila; Ayala, Makati; and La Trinidad,

Benguet.
E.g. 2: Permit me to state the things I value:
love, happiness and contentment; family,
friends and loved ones; fine food, simple
luxuries and good clothes; and humility,
discipline and character.
8/25/2014
80
Semicolon
Third, it separates lengthy statements
following a colon.
E.g. The court gave three reasons for
rejecting the assignment of errors of the
appellant: (1) the appeal was filed out of
time; (2) there was no payment of the
appellate fees; and (3) the court a quo did
not commit any errors of fact and law.
8/25/2014
81
Semicolon
Note : Always put semicolons outside
quotation marks or parentheses

E.g. I dislike . . . [Montaigne] said,
unpunishable thought; and he
admonished, Let us not be ashamed to say
what we are not ashamed to think.
8/25/2014
82
Semicolon
Examples:
The Court of Appeals granted appellants

motion for extension of time to file his brief;
as a result, he had more time to research on
precedents.
The elements of defamation include a
defamatory statement concerning another;
publication to a third party; and fault
amounting to at least negligence.
8/25/2014
83
Semicolon
Effect: ;s tell the reader that more
information, following the semicolon,

will clarify your meaning. They add
emphasis to the second clause as an
important explanation of the first.
Advantages: highlight connections
between ideas that will help the reader

understand your meaning
8/25/2014
84
Semicolon
Disadvantages:
Critics complain that writers use
semicolons to gloss over imprecise
thought. Like any sentence structure,
semicolons can be over-used.
8/25/2014
85
Colon
-a punctuation mark of anticipation
-it means something will follow
-it is used to introduce long quotations
or any formal matter

-it is also used to introduce a series
8/25/2014
86
Colon
It should not be used to separate the
verb from the object

Ex. Our witnesses are: Eric, Ronald,
and Alfredo.
It should not be used to separate the
preposition from its object
Ex. We are going to look for the
documents in: the court, the notary
publics office, and the Archives.
8/25/2014
87
Set Off Incidental Comments with

Paired Marks of Punctuation
Use commas, parentheses, or dashes or em
dashes (long dashes)

E.g. When interpolating incidental thoughts
a mannerism to keep in check you have a
choice.
Alternative 1: When interpolating incidental
thoughts (a mannerism to keep in check)
you have a choice.
8/25/2014
88

Alternative 2: When interpolating
incidental thoughts, a mannerism to keep in

check, you have a choice.
Observation : the dashes provide the
greatest break and the strongest emphasis.
E.g. We are proud rightly that our system
affords these rights; and we regard them
wrongly as naturally part of that system,
ancient and honored axioms.
8/25/2014
89

Use comma to diminish emphasis
Use parentheses to further diminish
emphasis
To give the least emphasis, place each of
the adverbs in its customary syntactic
position closer to the verb
E.g. We are rightly proud that our system
affords these rights; and we wrongly regard
them as naturally part of that system,
ancient and honored axioms.
8/25/2014
90
Hyphenating Phrasal Adjectives

E.g. Common law mirror image rule (what is
the true noun?)

Better : common-law mirror-image rule
E.g. Civil-support payments, civil-rights
case, common-law privilege, good-faith
exception, long-latency occupationaldisease cases, take-nothing judgment, thirddegree assault
8/25/2014
91
Hyphenating Phrasal Adjectives

Improve : The benefit of insurance
and waiver of subrogation clauses

in the affreightment contracts are
invalid because they conflict with
the plaintiffs marine cargo
insurance policy.
8/25/2014
92
Otherwise, be stingy with hyphens

Today, American English has become
unhospitable to hyphens EXCEPT to phrasal

adjectives
Preference to prefixes and their bases be
written as solids; i.e., unhyphenated single
words
E.g. a--, an--, ante--, anti arch--, auto--, bi,- bio--, co--, counter--, de--, di--, dis--,
extra-8/25/2014
93
Otherwise, be stingy with hyphens

fore--, hyper--, il--, im--, in--, infra--, inter--
, intra--, macro--, mal--, meta--, micro--,

mic--, mini--, mis--, mono--, multi--, neo--,
non out--, over--, pan--, poly--, post--, pre-, pro--, proto--, pseudo--, re--, semi--, sub-, super--, supra--. Sur--, trans--, tri--, ultra--,
under--, un--, uni--, under--
8/25/2014
94
Use hyphen to join a prefix

1. whenever the omission of a
hyphen will baffle the reader or

cause a genuine misreading if the
word were spelled as a solid
e.g. Hyper-illegible, pre-judicial,
re-sign
8/25/2014
95

2. whenever omitting a hyphen
produces a visual monstrosity

e.g. Anti-injunction, multiinstitutional
8/25/2014
96

3. whenever the base is a proper
noun
e.g. Infra-African,
pro-Philadelphia,
anti-Obama
8/25/2014
97
Slash out virgules / solidus / slash

-a short oblique stroke between two
words indicating that whichever is

appropriate may be chosen to
complete the sense of the text in
which they occur.
ex. The defendant and/or his/her
attorney must appear in court.
8/25/2014
98

These are abominations (disliked or
abhorred).
Look for the correct word.
Prefer the familiar word to the farfetched.
8/25/2014
99

Prefer the concrete word to the
abstract.
Prefer the single word to the
circumlocution.
8/25/2014
100
THANK YOU.
8/25/2014
101

Legal Writing Punctuations

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Writing Punctuations

Uploaded by

Copyright:

Available Formats

Fundamental Rules of Usage

Fundamental Rules of Usage

understand a written material.

together with the question mark

Put a comma before the second

joined by coordinating conjunctions:

Exception where the compact main clauses

have the same subject, avoid the comma if

Comma with independent clauses

Comma with independent clauses

Set off dependent introductory

before the main clause. Unless the

Comma after introductory

Comma after introductory

Set off dependent introductory

Set off dependent introductory

COMMA WITH COORDINATE

a noun; to state the relationship negatively,

Put a Comma Between Two Adjectives

When adjectives qualify the noun in

different ways, or when one adjective

Tip: If in doubt, silently put

and between the adjectives. If it

COMMA AFTER TRANSITIONAL WORDS

COMMA BEFORE INTERROGATORY TAGS

The judge is the Rotary president of

COMMA BEFORE INTERROGATORY TAGS

COMMA TO AVOID AMBIGUITY

COMMA TO COORDINATE DATES

COMMA TO SET OFF ABBREVIATIONS

COMMAS NOT TO SET-OFF

Single word placed beside

COMMAS NOT TO SET-OFF

inside of the closing quotation

closing mark if the mark is part of

COMMAS NOT TO SET-OFF

Always Use the Serial Comma

the next to the last, in a list of more

series. Though considered optional, the use

TIP : Use the serial comma always to avoid

ampersand when listing the names of

Comma before a conjunction that

Ex. The court declined the appeal,

Comma before a conjunction that

Tip: Avoid using a comma between

Avoid Using the Comma to

without a coordinating conjunction (e.g.

Avoid Using the Comma to

employer where his employee is negligent;

Avoid Using the Comma to

prescribes two levels of

Avoid Using the Comma to

of qualifications; one is for principals

Avoid Using the Comma to

of qualifications: one is for principals;

from words and to create

is formed by putting an apostrophe after the

formed by putting the apostrophe after the last

to form the plural of a letter, figure or

7s; ts; is; Cs; Ms

(multiple numbers , single digit

to abbreviate words in citation sentences

Natl, Dept, Assn

are pluralized with s. (cds)