Lesson

Punctuation: Lists—Best Practices

August 31, 2023

Has your to-do list ever included learning more about proper list-writing practices? Well procrastinate no further, and check that box off today!

Rule (Beginning a List with a Colon): Use a colon to introduce a list only when what comes before it could serve as a complete sentence.
- So “Plaintiff’s claim fails for at least three reasons: (1) she doesn’t have standing; (2) the statute of limitations has run; and (3) she has put forth no evidence that the defendant intended to deprive her of her property.”
- But not “Assault is the: (1) intentional creation, (2) of reasonable apprehension of imminent harmful or offensive bodily contact.”

Rule (When to Use Numbering vs Lettering): The longer the items of a list become, the greater the strain imposed on the reader. Thus, the use of numbering or lettering for list items is recommended for lists that contain complex or longer items.
- Lettering: When the items of a list are equally significant and don’t need to be in a particular order (elements of a cause of action), lettering is appropriate: “Intentional Infliction of Emotional Distress (IIED) requires (a) the intentional or reckless; (b) infliction of severe emotional or mental distress; through (c) extreme and outrageous conduct.”
- Numbering: If the list contains chronological steps, or if there is a hierarchy of importance within the list elements (factors for a balancing test), then use numbering: “To file a lawsuit, the plaintiff must (1) determine the proper court; (2) prepare the complaint; and (3) serve the defendant.”

Rule: All the items on your list must be the same part of speech / follow the same pattern for the parts of speech that comprise each item.
Example of Improper Construction: Both purported counts depend on the same law, same facts, and have the same defects.
- Why: Items one and three are verbs (depend/have), while item two is a noun (facts). The fix is to make all three items nouns or verbs.
Proper Construction #1: Both purported counts share the same law, same facts, and same defects.
Proper Construction #2: Both purported counts depend on the same law, share the same facts, and suffer from the same defects.

Rule: For simple lists of more than two items, separate the items with a comma: “The witness saw three things: a car, a man, and a suitcase.” When a list item itself has (1) an internal comma, or (2) an internal and/or, then separate the list items with semicolons: “Defendant (a) lives in Austin, Texas; (b) committed assault or battery, or both; and (c) has failed to timely submit the requested discovery.”

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