Federal Rule of Appellate Procedure 32.1 (FRAP 32.1) which ends former prohibitions forbidding us to cite unpublished appeal court opinions, is now in effect. The new rule reads as follows:

Rule 32.1. Citing Judicial Dispositions

(a) Citation Permitted. A court may not prohibit or restrict the citation of federal judicial opinions, orders, judgments, or other written dispositions that have been: (i) designated as “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like; and (ii) issued on or after January 1, 2007.

(b) Copies Required. If a party cites a federal judicial opinion, order, judgment, or other written disposition that is not available in a publicly accessible electronic database, the party must file and serve a copy of that opinion, order, judgment, or disposition with the brief or other paper in which it is cited.

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APRIL 13, 2004 HEARING

 SUMMARIES, TESTIMONIES AND STATEMENTS AND  PRESS ARTICLES 

(Unpublished Non-citation Not-Precedent Opinions / Dispositions)

FRAP 32.1---Statements at the Public Hearing on April 13-15, 2004 --Rule 32.1

• Summary and recommendation prepared by Patrick J. Schiltz, the Reporter for the Advisory Committee on Appellate Rules of the U.S. Courts, addressing the proposed amendments to the Federal Rules of Appellate Procedure regarding Proposed Rule 32.1 of the Federal Rules of Appellate Practice (FRAP 32.1).



• Testimony of Judge Edward E. Becker



• Testimony of Judge Diane P. Wood



• Testimony of Chief Judge John M. Walker, Jr.



• Testimony of Prof. Stephen Barnett



• Testimony of Jessie Allen



• Testimony of Judah Best



• Testimony of William T. Hangley



• Supplemental Remarks of Elizabeth Pawlak

ALL PUBLIC COMMENTS IN FULL LENGTH  FEDERAL RULE OF APPELLATE PROCEDURE 32.1 are here

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Judge Arnold says: "non-precedential opinions... will be consigned to the dust bin"

• In response to Howard Bashman' 20-questions Blog Interview, Judge Richard Arnold said on November 03, 2003:
  
  "It's my opinion that judges who believe that unpublished opinions should be without precedential value are driven to that conclusion by the sheer volume of work. I don't know how the battle will be resolved, but ultimately I hope and believe that the idea of non-precedential opinions of any kind will be consigned to the dust bin."
  
  Click here to read the entire response on line.



• Should you prefer to read the same in pdf, please click here.

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Stealth "Do not cite, do not publish, non-precedential" Law in Newspapers

• Green Light to Cite Unpublished Opinions; By Tony Mauro; The Legal Times, April 19, 2004



• Court Rule Change Moves Forward; By Josh Richman; The Oakland Tribune, April 15, 2004



• Amid criticism, change in court moves forward; By Josh Richman; The Argus, April 15, 2004 (identical as the article in the Oakland Tribune
)


• Judicial Conference Group Backs Citing of Unpublished Opinions; By Tony Mauro; Legal Times; April 15, 2004



• Unpublished Opinions: Inedible Sausage or Crazy Uncle?; By Tony Mauro; Legal Times; April 12, 2004



• Are Federal Appellate Practitioners Free At Last?; Proposed rule change lifts ban on citation of unpublished decisions that is still in effect in certain federal appeals courts; By Roy H. Wepner; New Jersey Law Journal;  January 26, 2004



• A Look at Proposed Appellate Procedural Changes; By Howard J. Bashman; The Legal Intelligencer; January 12, 2004



• Courts Move Forward on Citation Change Advisory panel of Judicial Conference approves proposal that would allow lawyers to cite unpublished opinions; By Tony Mauro; Legal Times; May 27, 2003



• Circuit's New Citation Rule: Few Takers In 2002, D.C. Lawyers Made Little Use of Unpublished Cases; By Jonathan Groner; Legal Times; January 6, 2003



• Proposed rule would allow citation of unpublished opinions; By Jason Hoppin; The Recorder; November 19, 2002



• Stealth Decisions Under Fire; By Tony Mauro; Legal Times; September 4, 2000



• 8th Circuit Drops a Bombshell; By Kevin Livingston; The Recorder; August 23, 2000
  

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