Howard Bashman has the lowdown on the proposed Rule 32.1 of the Federal Rules of Appellate Procedure regarding citation to unpublished appellate decisions.
Proposed Rule 32.1 says this:
Rule 32.1. Citation of Judicial Dispositions
(a) Citation Permitted. No prohibition or restriction may be imposed upon the citation of judicial opinions, orders, judgments, or other written dispositions that have been designated as “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like, unless that prohibition or restriction is generally imposed upon the citation of all judicial opinions, orders, judgments, or other written dispositions.
(b) Copies Required. A party who cites a judicial opinion, order, judgment, or other written disposition that is not available in a publicly accessible electronic database must file and serve a copy of that opinion, order, judgment, or other written disposition with the brief or other paper in which it is cited.
I clicked through and filed a comment in favor of the proposed rule, and I urge my regular readers to do the same, by clicking here.
What can I say, rooting around for the magic case is what I like to do.