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STANDARDS FOR PUBLICATION OF JUDICIAL OPINIONS - A REPORT OF THE COMMITTEE ON USE OF APPELLATE COURT ENERGIES OF THE ADVISORY COUNCIL ON APPELLATE JUSTICE

NCJ Number
11574
Author(s)
ANON
Date Published
1973
Length
44 pages
Annotation
PROCEDURES FOR DETERMINING WHEN JUDICIAL OPINIONS SHOULD BE PUBLISHED, STANDARDS FOR PUBLICATION, AND A MODEL RULE ON JUDICIAL PUBLICATION ARE PRESENTED.
Abstract
THIS REPORT RECOMMENDS THAT OPINIONS BE PUBLISHED ONLY IF CERTAIN DEFINED STANDARDS FOR PUBLICATION ARE SATISFIED. THESE INCLUDE CONDITIONS WHICH INVOLVE A NEW OR MODIFIED RULE OF LAW, CONTINUING PUBLIC INTEREST, A CRITICISM OF EXISTING LAW, OR THE RESOLUTION OF CONFLICT. IT ALSO SETS FORTH PROCEDURES FOR DETERMINING WHETHER AN OPINION SHOULD BE PUBLISHED, SUCH AS PUBLICATION ONLY IF MAJORITY DETERMINES OR DETERMINATION BY A DECISIONAL PANEL. FINALLY, IT CONSIDERS WHETHER OR NOT A NON-PUBLISHED OPINION MAY BE CITED TO OR BY A COURT. THE APPENDED MATERIALS INCLUDE A MODEL RULE, VARIOUS EXTANT RULES, STATEMENTS GOVERNING NON-CITATION, AND A BIBLIOGRAPHY. (AUTHOR ABSTRACT MODIFIED)

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