Dear SCAN: What's the real deal with the Yellowbook? Most lawyers seem to use the Bluebook, so should I use that? Signed Colorblind.
SCANswer: California Rules of Court rule 1.200 (effective Jan. 1, 2008) on Format of Citations orders that all citations in court documents follow either the California Style Manual (the Yellowbook) or The Bluebook: A Uniform System of Citation. So lawyers can choose which style to use. Because law schools all teach the Bluebook, that's what every lawyer learns, and that's what's used in federal court. Thus, there's a natural inclination is to simply use that. And the Rules allow that.
But California's courts are supposed to use the Yellowbook. That's the format used by the State Reporter of Decisions, and thus that's what appears in the reporters (Cal. and Cal.App.). It's also, therefore, the style used by appellate justices (and their research attorneys) in drafting decisions. The Yellowbook was first published in 1942 by Bernie Witkin (who was the Reporter of Decisions then). The "current" edition (from 2000) is the 4th edition. (An online copy of the Yellowbook is available free here, thanks to the Sixth District Appellate Program.) In June 2017, a contract was signed with LexisNexis making that company the official publisher of California's legal reporters, and this contract included a provision for a much needed 5th edition. (If you have news about the status of that contract or the 5th edition, please share it.)
The Bluebook and Yellowbook are obviously different. (Comparison chart here.) To answer the question, "which should you use," consider that your audience uses the Yellowbook. Using the Bluebook in California courts is like speaking with an accent: it's ok, you'll be understandable, but you won't sound fluent to your reader. Using the Yellowbook says, "I know you have to cite this way; I speak your language too!" Also consider that using the style the court must use makes it easier for the decision drafter to copy precisely what you've written--which is the goal of a winning brief.
Is the Yellowbook annoying? You bet. (But so is the Bluebook!!) Does it increase word count for no good reason? Yes, it does. As a result, many lawyers use a modified Yellowbook (dropping many of its infuriating requirements, like supra, infra, p., pp., etc.). Briefs that do not slavishly follow every detail of citation style (Blue or Yellow) are filed everyday. Choose wisely.
So who cares about the Yellowbook? Well, if you litigate in California, especially if you file appellate briefs, you should care about the Yellowbook.
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