Citing Unpublished Opinions

The Judicial Conference of the United States has approved a new Appellate Rule 32.1 that will be effective December 1, 2005, unless Congress intervenes.  The new rule "permits the citation in briefs of opinions, orders, or other judicial dispositions that have been designated as 'not for publication,' 'non-precedential,' or the like and supersedes limitations imposed on such citation by by circuit rules."  The new rule is discussed in the September 2005 Summary of the Report of the Judicial Conference Committee on Rules of Practice and Procedure (as are a variety of other rules that were approved by the Judicial Conference).

Posted by Mary McCormick