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Old April 3, 2012, 05:50 PM   #83
Senior Member
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,388
Jim, in the 4th Circuit are there any standards or criteria for not certifying a decision for publication. I believe that in some jurisdictions an opinion would not be published only if it adds nothing new.
That's basically correct. Local Rule 36(a) for the 4th Circuit states:
Opinions delivered by the Court will be published only if the opinion satisfies one or more of the standards for publication:
i. It establishes, alters, modifies, clarifies, or explains a rule of law within this Circuit; or
ii. It involves a legal issue of continuing public interest; or
iii. It criticizes existing law; or
iv. It contains a historical review of a legal rule that is not duplicative; or
v. It resolves a conflict between panels of this Court, or creates a conflict with a decision in another circuit.

The Court will publish opinions only in cases that have been fully briefed and presented at oral argument. Opinions in such cases will be published if the author or a majority of the joining judges believes the opinion satisfies one or more of the standards for publication, and all members of the Court have acknowledged in writing their receipt of the proposed opinion. A judge may file a published opinion without obtaining all acknowledgments only if the opinion has been in circulation for ten days and an inquiry to the non-acknowledging judge’s chambers has confirmed that the opinion was received
Probably more than most wanted to know.
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