September 22, 2005
Judicial Conference Acts on FRAP 32.1
Tony Mauro at Legal Times reports the U.S. Judicial Conference voted in favor of proposed Federal Rule of Appellate Procedure 32.1, prohibiting restrictions on citations to unpublished opinions. Currently the Second, Seventh, Ninth, and Federal Circuits ban citation to unpublished opinions, and the First, Fourth, Sixth, Eighth, Tenth, and Eleventh Circuits discourage it.
Supreme Court Chief Justice Nominee John Roberts served on the advisory committee recommending the new rule and said the following about it at a committee meeting, “A lawyer ought to be able to tell a court what it has done,” The story also discusses the position of those opposed to the new rule.
Lee Peoples, Oklahoma City University Law Library
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