6 Cir. I.O.P. 32.1: Preparation and Release of Opinions; Publication of Decisions
Rules and Internal Operating Procedures of the Sixth Circuit — Title VII. General Provisions
(a) Preparation and Release of Opinions.
(1) Case Conferences; Writing Assignments; Conference Reports. At the conclusion of each day's arguments, the panel usually holds a conference concerning the cases submitted that day. The panel discusses a tentative decision.
The presiding judge assigns opinion-writing responsibility.
(2) Circulating Opinions to Panel Members. After the proposed opinion is prepared, the opinion-writing judge circulates it to the other two panel judges to obtain their concurrence, dissent, or special concurrence. The panel gives high priority to review of a judge's proposed opinion.
(3) Circulating Opinions to Non-Panel Members. All judges receive copies of proposed published opinions.
(4) Filing and Release of Decisions. The clerk's office files and releases all decisions. The clerk sends copies to counsel and makes them available to the public on the date of filing. The clerk's office does not receive advance notice of when a decision will be rendered.
(b) Publication of Decisions.
(1) Criteria for Publication. When determining whether a decision will be published in the Federal Reporter, panels consider whether the decision:
(A) Establishes a new rule of law, modifies an existing rule of law, or applies an established rule to a novel factual situation.
(B) Creates or resolves a conflict of authority within this circuit or between this circuit and another.
(C) Discusses a legal or factual issue of continuing public interest.
(D) Is accompanied by a concurring or dissenting opinion.
(E) Reverses the decision below, unless:
(i) the reversal was because of an intervening change in law or fact; or
(ii) the reversal is a remand to the lower court or agency—without further comment—of a case reversed or remanded by the United States Supreme Court;
(F) Addresses a published lower court or agency decision; or
(G) Has been reviewed by the United States Supreme Court.
(2) Designation for Publication. Any panel member may request that a decision be published. The court may also publish on motion.
(3) Unpublished Decisions. Decisions not designated for publication are listed in table form in the Federal Reporter.