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Appellate Practice

Jan. 19, 2007

Uncovering Unpublished Opinions

FOCUS COLUMN - By Laura M. Wilson - A new federal rule lets lawyers cite unpublished opinions in briefs. Good thing, right? Maybe not.

Focus Column

By Laura M. Wilson
     
      Lawyers practicing in federal court, particularly in the 9th Circuit, need to be aware of a recent change to the Federal Rules of Appellate Procedure. Starting Jan. 1, lawyers may cite all opinions issued by the federal circuit courts of appeal after 2006. Cases marked "not for publication" may be cited now in party briefs as persuasive authority in circuits t...

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