Judicial Conference considers citation of 'unpublished' opinions.This month the U.S. Judicial Conference will consider a proposed rule allowing litigants to cite "unpublished" appellate Relating to appeals; reviews by superior courts of decisions of inferior courts or administrative agencies and other proceedings. rulings in federal court. Rule 32.1 was approved by the Standing Committee on Rules of Practice and Procedure at its June June: see month. meeting. The rule would allow parties to cite unpublished opinions as persuasive argument but would not require courts to accept them as binding precedent In law, a binding precedent (also mandatory precedent or binding authority) is a precedent which must be followed by all lower courts under common law legal systems. . Most of the federal circuits already allow such citation Citation (foaled 1945) U.S. Thoroughbred racehorse. In four seasons he won 32 of 45 races, finished second in ten, and third in two. He won the 1948 Triple Crown, and became the first horse to win $1 million. He set a world record in 1950 by running a mile in 1:33 3/5. . Only the Federal, Second, Seventh, and Ninth--the largest--do not. If approved, the U.S. Supreme Court will consider the rule. Proponents stress a need to bring all circuits in line and to provide litigants as many resources as possible. Critics say the rule will increase judges' workloads because they will have to find and read more opinions when deciding a case. While an "unpublished" opinion is not published in the official court reporters, the rulings are usually available in online databases. (Sara Hoffman Jurand, Proposed Rule on Citing 'Unpublished' Opinions Takes First Step, TRIAL, June 2004, at 70.) |
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