In the mid-1970s, the federal courts of appeals began to issue opinions designated “unpublished” that were not typically published, citable, or accorded any precedential value. Many states followed suit. A great debate ensued questioning the practice, which has consumed considerable academic attention and appellate rulemaking time.1 States continue to vary in their treatment of unpublished opinions and even in the wake of Federal Rule of Appellate Procedure 32.1, intended to provide uniformity, the federal circuits remain inconsistent.
Appellate Court Rules Governing Publication, Citation, and Precedential Value of Opinions: An UpdateThe Journal of Appellate Practice and Process
Citation InformationDavid R. Cleveland, Appellate Court Rules Governing Publication, Citation, and Precedential Value of Opinions: An Update, 16 J. App. Prac. Process 101 (2015).