Unpublished Disposition - Problems of Access and Use in the Courts of Appeals

• NCJ Number: 99990
• Author(s): D Stienstra
• Date Published: 1985
• Length: 77 pages
• Corporate Author: Elsevier North-Holland, Inc
• Sale Source: Federal Judicial Ctr
• Language: English
• Country: United States of America

Annotation

In examining Federal circuit courts' disposition publication policies, this study focuses on who has access to unpublished decisions and how these decisions may be used.

Abstract

This study was occasioned by Federal courts' effort to speed case flow by disposing of some cases without a published decision. The study was conducted in 1985 using data for statistical years 1981-84. To provide a context for the discussion of current practices, the report first reviews the history of the publication debate, with particular attention to the access and use issues. The courts' distribution rules and practices for unpublished opinions are then reviewed. Two circuits have detailed distribution policies, seven provide a limited statement, and four have no written statement. Receipt and access of materials also varies among the circuits. Courts' citation and publication rules and practices are also examined, followed by a presentation of data on the number, percentage, and types of unpublished dispositions for the years 1981-84. Appended tables delineate the circuits' policies and practices. 59 footnotes.