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Proposed rule on citing 'unpublished' opinions takes first step.

Publication: Trial
Publication Date: 01-JUN-04 		Format: Online - approximately 881 words
Delivery: Immediate Online Access

Article Excerpt
Litigants will be allowed to cite "unpublished" appellate rulings in all federal courts if a proposed rule is approved. At a hearing on April 13, an advisory committee of the U.S. Judicial Conference voted in favor of the rule.

Under the proposal, approved by the Advisory Committee on Appellate Rules, courts could still designate opinions as "unpublished." Rule 32.1 would not require courts to accept unpublished rulings as binding precedent but would require them to let parties use such rulings as persuasive argument.

According to annual reports by the Administrative Office of the U.S. Courts over the last five years, federal appellate courts have designated as unpublished about 80 percent of all opinions issued; many state courts also issue unpublished rulings. Although these decisions are not included in official case reporters,...

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