In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However some courts reserve certain decisions, leaving them "unpublished", and thus not available for citation in future cases. Typically a court leaves "less important" cases unpublished.

As of the year 2004, some 80% of United States Courts of Appeals decisions are unpublished ^*. There is active debate on the fairness issues raised by non-publication, and the utility of non-publication in the light of computerization of court records. See the external links for more details.

On September 20, 2005 the Judicial Conference of the United States voted to approve rule FRAP 32.1, allowing citation of some unpublished decisions issued after January 1, 2007. Judge Samuel Anthony Alito, Jr. chairs this committee.

References

---

^* Leonidas Ralph Mecham, Admin. Office of the U.S. Courts, Judicial Business of United States Courts, Supplemental Table S-3, 2004 Annual Report of the Director, p39.

External links

---

• NonPublication.com - Issue group seeking rule changes, Committee for the Rule of Law
• aallnet.org/products/2004-28.pdf - Article, A Librarian’s Guide to Unpublished Judicial Opinions