Having helped format nearly 10,000 briefs, we’ve had the opportunity to be exposed to a vast sample of legal writing. One issue we often see in briefs is the incorrect placement of punctuation around parentheses. (This was something that I struggled with when we first started TypeLaw.)
Here is a quick rule to remember when preparing a brief in any California state court:
The period goes inside the parens if the text inside the parens is a complete sentence.
For example, when the text inside of the parens is a complete sentence, the period goes inside the parens:
Incorrect:
This is a sentence. (This is another complete sentence).Correct:
This is a sentence. (This is another complete sentence.)
The opposite is true; when the text in the parens is NOT a sentence, the period goes outside the parens:
Incorrect:
This is a sentence (that just happens to have a fragment in parens.)Correct:
This is a sentence (that just happens to have a fragment in parens).
In legal writing, the amount of punctuation found in citations can sometimes make this a bit more confusing. Something to remember is that a citation sentence is still a sentence.
For example:
Incorrect:
There is no direct public entity liability for negligence. (Gov. Code, § 815, subd. (a)).Incorrect:
There is no direct public entity liability for negligence. (Gov. Code, § 815, subd. (a.))Correct:
There is no direct public entity liability for negligence. (Gov. Code, § 815, subd. (a).)
I hope this explanation helps a little. We believe that even small things, like correctly placing the period inside or outside of the parens, help put your best foot forward in front of the court.