Anaya Nolan
The Bluebook, a uniform system of legal citation, provides guidelines for citing unreported cases, which refer to those not published in hard copy reporter series. These cases are often unpublished but available in databases or as slip opinions. The citation format depends on the availability of the case, with electronic database citations including the case name, docket number, database identifier, court name, and full date of disposition. Slip opinion citations include the docket number, court, and full date of disposition. While unreported cases may not have binding jurisdictional effects, they can be mentioned if similar facts or interesting legal points are relevant. Federal rules also allow citing unpublished opinions issued after January 1, 2007, with some exceptions.
| Characteristics | Values |
|---|---|
| Case name | Underlined, italicized, or abbreviated |
| Docket number | Yes |
| Database identifier | Yes, if available on an electronic database |
| Court name | Yes |
| Date of the most recent disposition of the case | Yes |
| Subsequent history of the case | Yes, if necessary |
| Page number | Yes, if citing a specific page |
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What You'll Learn
Citing unreported cases in the US
In the US, the terms "unpublished case" and "unreported case" are often used interchangeably. However, there is a nuanced distinction between the two. An unreported case refers specifically to a case that has not been published in a hard copy reporter series, such as the West Regional and Federal Reporters from the National Reporter System. On the other hand, an unpublished case is one that has not been designated for publication by a court and, therefore, remains unavailable in a reporter.
Courts designate opinions as "unpublished" if they do not add anything new to the respective body of law. Consequently, an opinion is considered published unless explicitly labeled as unpublished. It is worth noting that only a small percentage of cases are designated for publication by a court.
When citing unreported cases, it is essential to follow the guidelines provided by The Bluebook, a uniform system of legal citation. The Bluebook outlines the following approaches based on the availability of the case:
- Electronic Database Availability: When an unreported case is available on a widely used electronic database, such as Westlaw, Lexis, or Bloomberg Law, it can be cited within that database. The citation should include the case name, docket number, database identifier, court name, and full date of the most recent major disposition of the case.
- Slip Opinion Availability: If an unreported case is not available in an electronic database but can be found as a slip opinion, the citation remains largely the same, excluding the database identifier. The citation should include the docket number, court, and full date of the most recent disposition of the case.
It is important to be mindful of any citation limitations placed by the court. Some cases may include explicit instructions or references to court rules that delineate when and how the case can be cited. These limitations should be carefully considered before citing an unreported case.
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Citing unreported cases in slip opinions
The terms "unpublished case" and "unreported case" are used interchangeably, but there is a nuanced distinction between them. An unreported case has not been published in a hard copy reporter series, such as the West Regional and Federal Reporters from the National Reporter System.
In Illinois, Supreme Court Rule 23 initially allowed reviewing courts in Illinois to issue decisions as unpublished orders if the ruling did not establish law and was therefore not precedential. However, the amendment to Rule 23, effective from January 1, 2021, now allows these unpublished orders to be cited for persuasive purposes.
The Bluebook describes how to cite unpublished or unreported cases, and there are examples in the chart at the beginning of R10, p. 96, and as part of R10.8.1, pp. 112-14. According to R10.8.1, there are two types of sources for unpublished cases:
- Cases available on widely available electronic databases
- Cases available in slip opinions
When a case is unreported but available on a widely used electronic database, it may be cited in that database. Provide the case name, docket number, database identifier, court name, and full date of the most recent major disposition of the case.
If an unpublished case is not available in an electronic database and is only available as a slip opinion, the citation is the same, except without the database identifier. For example:
> United States v. Bennett, No. 05-CR-6050 CJS (W.D.N.Y. Oct. 21, 2005)
When a new case has been issued but has not been added to a reporter yet, it is available as a slip opinion. The Bluebook has helpful guidelines for citing such cases (B10.1.4, p. 15 & R10.8.1(b), p. 113). If a case is unreported but can be found as a slip opinion, simply include the docket number, court, and full date of the most recent disposition of the case.
- Groucho Marx Prods. v. Playboy Enters., No. 77 Civ. 1782 (S.D.N.Y. Dec. 30, 1977)
- Ross v. Weissman, No. 90-345, slip op. at 6 (D. Mass. Dec. 4, 1990)
- Kitchens v. Grohman, No. 90-345, slip op. at 6 (D. Mass. Dec. 4, 1990)
- Free Range Content, Inc. v. Google Inc., No. 14-cv-02329-BLF, slip op. at 4 (N.D. Cal.)
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Citing unreported cases in law reviews
The Bluebook is a uniform system of legal citation that provides guidance on citing unreported cases in law reviews. While the rules and conventions may vary across different jurisdictions, here are some general principles and examples to consider when citing unreported cases:
Understanding Unreported Cases
An unreported case refers to a legal decision that has not been published in a hard copy reporter series, such as the West Regional and Federal Reporters from the National Reporter System. In other words, these cases are not included in the bound volumes of reported decisions that are typically published by commercial publishers or courts. However, it's important to note that an unreported case may still be available in electronic databases or as slip opinions.
Citing Unreported Cases in Electronic Databases
If an unreported case is available in a widely used electronic database, such as Westlaw, Lexis, or Bloomberg Law, it can be cited by providing the following elements:
- Name of the case (underlined, italicized, or abbreviated according to specific rules).
- Docket number.
- Database identifier.
- Court name.
- Full date of the most recent major disposition of the case.
Here's an example: *United States v. Bennett, No. 05-CR-6050 CJS, 2005 WL 2709572 (W.D.N.Y.)*.
Citing Unreported Cases as Slip Opinions
When an unreported case is available as a slip opinion, which is a preliminary or interim version of a case that has not yet been assigned a permanent citation, the citation structure is similar but does not include the database identifier:
United States v. Bennett, No. 05-CR-6050 CJS (W.D.N.Y. Oct. 21, 2005).
Additional Considerations
It's important to be mindful of any citation limitations placed on unreported cases by the court. These limitations are usually indicated within the document itself or by referencing a specific court rule. Additionally, unreported cases may not have a binding jurisdictional effect, and their precedential value may be limited. Therefore, it is crucial to consult the specific rules and guidelines of your jurisdiction when citing unreported cases in law reviews.
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Citing unreported cases in electronic databases
The Bluebook describes how to cite unpublished or unreported cases, with examples provided in Rule 10 (R10). According to R10, there are two types of sources for unpublished cases: cases available on widely available electronic databases and cases available in slip opinions.
When citing an unreported case available on a widely used electronic database, such as Westlaw, Lexis, or Bloomberg Law, the following information should be included:
- Case name
- Docket number
- Database identifier
- Court name
- Full date of the most recent major disposition of the case
The case docket number should be cited exactly as it appears in the database. If the database uses codes or numbers to identify the case, these must also be included in the citation. If the database assigns screen or page numbers, these should be preceded by an asterisk, and paragraph numbers should be preceded by a paragraph symbol.
If an unpublished case is not available in an electronic database and is only available as a slip opinion, the citation is the same, except without the database identifier.
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Citing unreported cases in hard copy reporters
The Bluebook provides guidelines for citing unreported cases, which are cases without a reporter citation. For instance, if a case is unreported but available on a widely used electronic database, it may be cited in that database.
When citing an unreported case in a database, provide the following:
- Case name
- Docket number
- Database identifier
- Court name
- Full date of the most recent major disposition of the case
Cite the case docket number exactly as it appears. If the database contains codes or numbers that uniquely identify the case, these must be given. For example, WestLaw (WL), Lexis (LEXIS), and Bloomberg Law (BL) use unique identifiers.
If the database assigns screen or page numbers, they should be preceded by an asterisk. If paragraph numbers are assigned, they should be preceded by a paragraph symbol.
If an unreported case is not available in an electronic database and only available as a slip opinion, the citation is the same, except without the database identifier. A slip opinion is a published case that has not yet been added to a reporter. To cite a slip opinion, include the docket number, court, and full date of the most recent disposition of the case.
It is important to note that unreported cases do not have a binding jurisdictional effect, and acting as if they do is improper. However, if the facts of an unreported case are similar or if the case addresses an interesting point of law, it may be mentioned, and it could be argued that the court should follow that case.
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Frequently asked questions
Although some people may use the terms interchangeably, the LexisNexis® case law group views them as different types of cases. An unreported case has not been published in a hard copy reporter series, such as the West Regional and Federal Reporters from the National Reporter System. It is possible to have a published case that is unreported – for instance, if the editors of the hard copy reporters choose to not include a case, but the court has not placed any limitations on the citation to or the publication status of the opinion.
Rule 10.8.1 describes how to cite an unpublished case and there are examples in the chart at the beginning of Rule 10 (page 95 or 96, according to different sources). A citation to an unpublished case that is available in Westlaw, Lexis, Bloomberg Law, or another "widely used electronic database" (Rule 10.8.1(a)) has the following five elements:
- Name of the case (underlined or italicized and abbreviated according to Rule 10.2)
- Docket number
- Database identifier
- Court name
- Full date of the most recent major disposition of the case
If an unpublished case is not available in an electronic database and only available as a slip opinion, the citation is the same, except without the database identifier.
