Circuit Rule 36-2: Criteria for Publication
Circuit Rules and General Orders of the Ninth Circuit — Title VII. General Provisions
A written, reasoned disposition shall be designated as an OPINION if it:
(a) Establishes, alters, modifies or clarifies a rule of federal law, or
(b) Calls attention to a rule of law that appears to have been generally overlooked, or
(c) Criticizes existing law, or
(d) Involves a legal or factual issue of unique interest or substantial public importance, or
(e) Is a disposition of a case in which there is a published opinion by a lower court or administrative agency, unless the panel determines that publication is unnecessary for clarifying the panel’s disposition of the case, or
(f) Is accompanied by a separate concurring or dissenting expression, and the author of such separate expression requests publication of the disposition of the Court and the separate expression.
(Rev. 1/1/12; 12/1/25)