1st Cir. R. 36.0

(a) Opinions Generally. The volume of filings is such that the court cannot dispose of each case

by opinion. Rather it makes a choice, reasonably accommodated to the particular case,

whether to use an order, memorandum and order, or opinion. An opinion is used when the

decision c alls for more than summary explanation. However, in the interests both of

expedition in the particular case, and of saving time and effort in research on the part of future

litigants, some opinions are rendered in unpublished form; that is, the opinions ar e directed

to the parties but are not published in West's Federal Reporter. As indicated in Local Rule

36.0(b), the court’s policy, when opinions are used, is to prefer that they be published; but in

limited situations, described in Local Rule 36.0(b), where opinions are likely not to break new

legal ground or contribute otherwise to legal development, they are issued in unpublished

form.

(b) Publication of Opinions. The United States Court of Appeals for the First Circuit has adopted

the following plan for the publication of its opinions.

(1) Statement of Policy. In general, the court thinks it desirable that opinions be published

and thus be available for citation. The policy may be overcome in some situations where

an opinion does not articulate a new rule of law, modify an established rule, apply an

established rule to novel facts or serve otherwise as a significant guide to future litigants.

(Most opinions dealing with claims for benefits under the Social Security Act, 42 U.S.C.

§ 205(g), will clearly fall within the exception.)

(2) Manner of Implementation.

(A) As members of a panel prepare for argument, they shall give thought to the

appropriate mode of disposition (order, memorandum and order, unpublished

opinion, published opinion). At conference the mode of disposition shall be discussed

and, if feasible, agr eed upon. Any agreement reached may be altered in the light of

further research and reflection.

(B) With respect to cases decided by a unanimous panel with a single opinion, if the writer

recommends that the opinion not be published, the writer shall so state in the cover

letter or memorandum accompanying the draft. After an exchange of views, should

any judge remain of the view that the opinion should be published, it must be.

(C) When a panel decides a case with a dissent, or with more than one opinion, the opinion

or opinions shall be published unless all the participating judges decide against

publication. In any case decided by the court en banc the opinion or opinions shall be

published.

(D) Any party or other interested person may apply for good cause shown to the court for

publication of an unpublished opinion.

(E) Periodically the court shall conduct a review in an effort to improve its publication

policy and implementation.

(c) Precedential Value of Unpublished Opinions. While an unpublished opinion of this court

may be cited to this court in accordance with Fed. R. App. P. 32.1 and Local Rule 32.1.0, a

panel’s decision to issue an unpublished opinion means that the panel sees no precedential

value in that opinion.

(d) Copies of Opinions. Unless subject to a standing order which might apply to classes of

subscribers, such as law schools, the charge for a copy of each opinion, after one free copy

to counsel for each party, is $5.00. Free copies of opinions are available on the court’s website

at www.ca1.uscourts.gov.