Rule on citation of 'unpublished' opinions almost final.

The U.S. Judicial Conference has approved a proposed rule allowing litigants to cite "unpublished" appellate rulings in federal court as persuasive argument. The rule would not require courts to accept such decisions as binding precedent.

Richard Frankel, a fellow with Trial Lawyers for Public Justice (TLPJ) in Washington, D.C., called the new rule "an important first step toward increasing the openness and transparency of the court system." The rule will apply to decisions issued after January 2007.

Although some organizations, including TLPJ, had hoped the new rule would apply to all decisions, past and future, Frankel said TLPJ "hopes this rule will help citizens believe that all litigants can receive their day in court, not just those whose disputes are decided in published opinions."

Rule 32.1 goes next to the U.S. Supreme Court, which usually adopts new rules approved by the conference. If the Court ratifies it and Congress does not change it, the rule will go into effect in January 2007.

(For previous stories on the proposed rule, see Sara Hoffman Jurand, Proposed Rule on Citing 'Unpublished' Opinions Takes First Step, TRIAL, June 2004, at 70; Sara Hoffman Jurand, Judicial Conference Considers Citation of 'Unpublished' Opinions, TRIAL, Sept. 2005, at 86.)