The Appellate Rules Advisory Committee has written a new Rule 32.1 which permits attorneys and courts in federal appeals in all circuits to cite unpublished opinions. At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would yield results helpful to the Standing Committee's consideration of the proposed rule. The Center's research effort consisted of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files. This report was presented to and considered by the Standing Committee during its June 15-16, 2005 meeting, at which it approved the Advisory Committee's proposed rule for consideration by the Judicial Conference at its September 2005 meeting.

This report was subsequently published as Citing Unpublished Opinions in Federal Appeals (2005).