Circuit Rule 36: Entry of Judgment; Notice; Decisions of the Court

(a) Entry. In cases assigned to the court’s Case Management/Electronic Case Files (CM/ECF) system, all judgments will be filed electronically in accordance with Circuit Rule 25 and the procedures established by the court. That filing constitutes entry of the judgment on the docket as required by FRAP 36(a).

(b) Notice. Upon the entry of the judgment in a case assigned to the CM/ECF system, the clerk will electronically transmit a Notice of Docket Activity to all parties who have consented to electronic service. Electronic transmission of the Notice of Docket Activity constitutes the notice and service required by FRAP 36(b) and 45(c). For any party who has not consented to electronic service, the clerk must serve in paper form a copy of the opinion or the judgment, if no opinion was written, which notes the date the judgment was entered.

(c) Opinions of the Court.

(1) Policy. It is the policy of this court to publish opinions and explanatory memoranda that have general public interest.

(2) Published Opinions. An opinion, memorandum, or other statement explaining the basis for the court's action in issuing an order or judgment will be published if it meets one or more of the following criteria:

(A) with regard to a substantial issue it resolves, it is a case of first impression or the first case to present the issue in this court;

(B) it alters, modifies, or significantly clarifies a rule of law previously announced by the court;

(C) it calls attention to an existing rule of law that appears to have been generally overlooked;

(D) it criticizes or questions existing law;

(E) it resolves an apparent conflict in decisions within the circuit or creates a conflict with another circuit;

(F) it reverses a published agency or district court decision, or affirms a decision of the district court upon grounds different from those set forth in the district court's published opinion;

(G) it warrants publication in light of other factors that give it general public interest.

All published opinions of the court, prior to issuance, will be circulated to all judges on the court; printed prior to release, unless otherwise ordered; and rendered by being filed with the clerk.

(d) Abbreviated Dispositions. The court may, while according full consideration to the issues, dispense with published opinions where the issues occasion no need therefor, and confine its action to such abbreviated disposition as it may deem appropriate, e.g., affirmance by order of a decision or judgment of a court or administrative agency, a judgment of affirmance or reversal, containing a notation of precedents or accompanied by a brief memorandum. If the parties have agreed to such disposition, they may so state in their briefs or may so stipulate at any time prior to decision. In any such case the court will promptly issue a judgment unless compelling reasons dictate otherwise.

(e) Unpublished Opinions.

(1) An opinion, memorandum, or other statement explaining the basis for this court's action in issuing an order or judgment under subsection (d) above, which does not satisfy any of the criteria for publication set out in subsection (c) above, will nonetheless be circulated to all judges on the court prior to issuance. A copy of each such unpublished opinion, memorandum, or statement will be retained as part of the case file in the clerk's office and be publicly available there on the same basis as any published opinion.

(2) While unpublished dispositions may be cited to the court in accordance with FRAP 32.1 and Circuit Rule 32.1(b)(1), a panel's decision to issue an unpublished disposition means that the panel sees no precedential value in that disposition.

(f) Motion to Publish. Any person may, by motion made within 30 days after judgment or, if a timely petition for rehearing is made, within 30 days after action thereon, request that an unpublished opinion be published. Motions filed out of time will not be considered unless good cause is shown. Motions for publication must be based upon one or more of the criteria listed in subsection (c). Such motions are not favored and will be granted only for compelling reasons.