In the law, a researcher "cites" a particular case, statute, or other document to support or give authority to an argument or point s/he wishes to make. A "cite" or "citation", then, is simply the mentioning of, or reference to, some legal document with an indication as to where the cited document can be found and, if desired, read and analyzed. In this manner, one's opponents or other researchers can check the accuracy and validity of the arguments or statements one makes. The "cite" or "citation" usually gives the name of the document, the volume number, the name of the set of books where published, and a page number. (Depending on the material, some citations may provide title or section or part numbers matching the way in which the material is organized.)
Let's say you are using a specific case, Franken v. Muth, to support an argument. You would be terribly embarrassed if your opponent pointed out in reply that your case was overruled last year and is no longer considered good law. Shepard's Citations (popularly called "citators") help to avoid such situations, because you can "Shepardize" the Franken case (the document in hand). By "shepardizing" one's document in hand, a researcher can locate cites to most (if not all) later documents (cases, statutes, regulations, commentary) that have cited the document in hand.
In our example, you would want to find later cases (and other material) that have cited Franken v. Muth, because one of those later cases may have overruled Franken, or in some way altered or impaired its effectiveness ("authority") as legal precedent. Likewise, if you are relying on a specific statute, you would want to know if a later statute amended or repealed your statute, or if any court had struck it down as unconstitutional.
Although a Shepard's Citator does not not exist for every type of law material (e.g., no Shepard's for Prosser on Torts), Shepard's Citators do exist for cases, statutes, constitutions, regulations, administrative agency decisions, city charters and ordinances, court rules, treaties, the Restatements, and a plethora of other legal materials. For example, if you need to Shepardize a case published ("reported") in the Northeastern Reporter, 2d series, get the Shepard's Northeastern Reporter Citations. If the document in hand is a Delaware statute, get the Shepard's Delaware Citations. If the document in hand is an Indiana trial court rule, get the Shepard's Indiana Citations. Although some law libraries place Shepard's at various locations, our library shelves all units of Shepard's Citations in one place.
Shepard's units are usually divided into two basic sections: one for court decisions ("reports") and one for materials that are not court reports (constitutions, session laws, codes, treaties, city ordinances, etc.). Check spines or covers of the various pieces.
Once you have found the correct unit of Shepard's, check the listing on the cover of the latest paper supplement to be sure you have all the pieces needed. (Obviously, if you are shepardizing a recent case, you may not need earlier volumes.) Read the volume spine (or cover) to make sure you are in the correct part of the unit (example: cases?? statutes?? court rules??). Once you open a volume (or pamphlet), read the heavy black print across the top of the page, matching it with that of the document in hand. Where the item you are Shepardizing is published in more than one edition or series, be sure the year or series or edition numbers at the top of a Shepard's page match your document. At the top of the page, one will also find the volume number (or article or section or title numbers) that you should match with the numbering of your document. In Shepard's, a volume number may change in the middle of a page, but the change is indicated in legible, black print.
Here and there across the pages, you will see smaller numbers in heavy black print, often between two dashes or after a "section" symbol. Match these numbers to the page (or section or part) numbers of the document in hand. Once you have found a match, Shepard's will usually give a string of letters and numbers in the column below the page (or section or part) number. These letters and numbers are the "citations" for later documents that have cited the item you are shepardizing. For example, you may find "685 FS 1220 Cir.9". This indicates a later case from the U.S. Court of Appeals, 9th Circuit, published in volume 685, pp. 1220 et seq., of a series called Federal Supplement. (For abbreviations, check the Tables of Abbreviations, at the front of Shepard's bound volumes.) The very small numbers and letters in front of, or after, each citation tell you how the later material treated your document in hand. For example, a small "f" indicates the later case "followed" the case being shepardized, an "o" that it was overruled. Sometimes, when shepardizing a case, one will find very small numbers inserted within cites for later cases and printed somewhat above the line. These very small numbers (example: 3) indicate the later case cited the document in hand specifically for the rule of law laid out in headnote number "X" of the case being shepardized (headnote 3 in our example). Be sure to check all Shepards' volumes/pamphlets that cover time periods after the date of your document.
Shepards' Citations are an excellent tool for checking the validity of documents you rely on, for finding parallel citations, and for finding additional material similar to the material in hand.
