Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of appeals their unpublished opinions issued 2007 or later. Unpublished opinions issued before 2007 may be cited to the courts if permitted by the courts' local rules.

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 help the Standing Committee in its consideration of a proposed new Federal Rule of Appellate

The Appellate Rules Advisory Committee has proposed a new Rule 32.1, which would permit attorneys and courts in federal appeals in all circuits to cite unpublished opinions.

A 1981 examination of plans for limited publication of opinions in the federal courts of appeals.