9th Cir. R. 36-3

(a) Not Precedent. Unpublished dispositions and orders of this Court are not precedent,

except when relevant under the doctrine of law of the case or rules of claim preclusion or

issue preclusion.

(b) Citation of Unpublished Dispositions and Orders Issued on or after January 1, 2007.

Unpublished dispositions and orders of this Court issued on or after January 1, 2007 may

be cited to the courts of this circuit in accordance with FRAP 32.1.

(c) Citation of Unpublished Dispositions and Orders Issued before January 1, 2007.

Unpublished dispositions and orders of this Court issued before January 1, 2007 may not

be cited to the courts of this circuit, except in the following circumstances.

(1) They may be cited to this Court or to or by any other court in this circuit when

relevant under the doctrine of law of the case or rules of claim preclusion or issue

preclusion.

(2) They may be cited to this Court or by any other courts in this circuit for factual

purposes, such as to show double jeopardy, sanctionable conduct, notice,

entitlement to attorneys’ fees, or the existence of a related case.

(3) They may be cited to this Court in a request to publish a disposition or order made

pursuant to Circuit Rule 36-4, or in a petition for panel rehearing or rehearing en

banc, in order to demonstrate the existence of a conflict among opinions,

dispositions, or orders.

FRAP 36