Ninth Circuit to allow cites to unpublished opinions

The Ninth Circuit Court of Appeals will soon drop its longstanding prohibition against citation of unpublished opinions.  Proposed Circuit Rule 36-3 parallels proposed Federal Rule of Appellate Procedure 32.1, which provides for the first time that the circuits may not prohibit or restrict the citation of unpublished opinions. Both rules are expected to become effective December 1, 2006.  Circuit Rule 36-3 will allow lawyers to cite unpublished Ninth Circuit opinions -- but only those opinions issued on or after January 1, 2007.  The Ninth Circuit is one of four circuits that has until now banned citation to its unpublished cases.  Advocates should now be able to tap into a large pool of case law: according to estimates, some 80 percent of federal appellate cases nationwide are disposed of by unpublished opinions and orders.