Effective December 1, certain new amendments to the Federal Rules of Civil Procedure and Appellate Procedure will bow to the realities of the electronic age. Amendments to the FRCP address electronic discovery. Rule 32.1 of the FRAP will now allow attorneys in federal courts to cite to unpublished opinions as of December 1. However, as Howard Bashman points out in this Law.com article, attorneys may only cite to unpublished opinions from cases decided January 1, 2007 or later. Therefore, the unpublished opinions that were "unpublished" before January 1 will be relegated to the Island of Misfit Opinions for perpetuity. For more on the history of 32.1, see this old post.
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