Rule 30: Citation of Certain Authority
(a) Citation of Nonprecedential Authority. A party, intervenor, or amicus curiae may not cite as precedent any action designated as nonprecedential by the Court or any other court, or that was withdrawn after having been published in a reporter, except when the cited action has binding or preclusive effect in the case on appeal (such as via the application of the law-of-the-case doctrine). Actions designated as nonprecedential by this Court or any other court may be cited only for the persuasive value of their logic and reasoning, provided that the party states that no clear precedent exists on point and the party includes a discussion of the reasoning as applied to the instant case. With the exception of decisions of this Court available electronically, a copy of any unpublished action referred to shall be attached to the document containing the reference.
(b) Citation of Supplemental Authority. When pertinent and significant authority comes to the attention of a party after the party's brief has been filed or after oral argument but before decision, a party shall promptly file notice with the Clerk and serve all other parties. In no case will supplemental authority - pertinent and significant or otherwise - be accepted by the Clerk for filing fewer than 7 days preceding a scheduled oral argument, without leave of the Court. The notice shall set forth the citation(s) to the authority or include a copy of the supplemental authority if it is not readily available in a reporter system. The notice shall refer to the page of the brief or to a point argued orally to which each citation pertains, and shall state without argument the reasons for the supplemental citation(s). Any response shall be made promptly and shall be similarly limited.Back