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DUCivR 7-2 CITING UNPUBLISHED JUDICIAL DECISIONS

(a) Permitted Citation.

(1) An unpublished decision is a judicial opinion, order, judgment, or other written disposition that is designated "unpublished," "not for publication," "non-precedential," "not precedent," or the like.

(2) A party may cite to an unpublished decision for its persuasive value or under the doctrines of law of the case, claim preclusion, or issue preclusion.

(b) Citation Form.

A citation to an unpublished decision must include an appropriate parenthetical notation stating that it is unpublished and a reference to an electronic database, when possible (e.g., United States v. Keeble, No. 05-5190, 184 F. App'x. 756, 2006 U.S. App. LEXIS 14871 (10th Cir. June 15, 2006) (not selected for publication); United States v. Gartrell, No. 2:04CR97 DB, 2005 WL 2265362 (D. Utah Sept. 7, 2005) (unpublished).

(c) Copies.

If an unpublished decision is not available in a publicly accessible electronic database, a party must attach a copy to the filed document. Even if a decision is publicly accessible, a party must provide a copy to the court or another party upon request.