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1 Robert Timothy Reagan, Citing Unpublished Federal Appellate Opinions Issued before 2007 1 (2007)

handle is hein.congcourts/cunappo0001 and id is 1 raw text is: Citing Unpublished Federal Appellate Opinions Issued Before 2007 Robert Timothy Reagan Federal Judicial Center March 9, 2007 Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of ap- peals their unpublished opinions issued in 2007 or later. Unpublished opinions issued before 2007 may be cited to the courts if permitted by the courts' local rules. Following is a sum- mary table of the federal courts of appeals' local rules on citations to their unpublished opin- ions issued before 2007. All federal courts of appeals permit citation to their unpublished opinions in related cases to show res judicata, law of the case, and the like. But before 2007, federal appellate courts differed on the extent to which they permitted citations to their unpublished opinions in unrelated cases. Seven courts-courts of appeals for the First, Third, Fifth, Sixth, Tenth, Eleventh, and District of Columbia Circuits-are considered permissive courts, in that they do not re- strict citation to their unpublished opinions. But the court of appeals for the District of Co- lumbia Circuit only permits citations to their unpublished opinions issued in 2002 or later. Three courts-courts of appeals for the Fourth, Eighth, and Federal Circuits-are con- sidered discouraging courts, in that they permit but discourage citation to their unpub- lished opinions issued before 2007, generally permitting such citations only when there is no published authority on point. Three courts-courts of appeals for the Second, Seventh, and Ninth Circuits-are con- sidered restrictive courts, in that they prohibit citations to their unpublished opinions is- sued before 2007 in unrelated cases. The courts' rules in the following table are arranged so that similar rules appear together. 1

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