Unpublished Opinion
An unpublished opinion is an appellate court decision that the court has designated as not published in its official reporter and, in most courts, not binding precedent. In the federal courts of appeals such decisions are typically labeled "unpublished," "nonprecedential," or (in the Ninth Circuit) memorandum dispositions. Federal Rule of Appellate Procedure 32.1, effective January 1, 2007, prohibits courts from barring a party from citing such dispositions, so unpublished opinions can still be cited and cited courts may consider them — they just do not bind future panels the way published opinions do.
An unpublished opinion is an appellate court decision that the court has designated as not published in its official reporter and, in most courts, not binding precedent. In the federal courts of appeals such decisions are typically labeled “unpublished,” “nonprecedential,” or (in the Ninth Circuit) memorandum dispositions. Federal Rule of Appellate Procedure 32.1, effective January 1, 2007, prohibits courts from barring a party from citing such dispositions, so unpublished opinions can still be cited and cited courts may consider them — they just do not bind future panels the way published opinions do.
Example: A litigant in a later federal appeal may cite an unpublished disposition from an earlier case under FRAP 32.1, but the panel is not required to treat it as controlling precedent.
Common misconception: “Unpublished” does not mean secret or unavailable. Unpublished opinions are public documents, available on court websites and PACER; the label concerns their precedential status, not their visibility.
Sources: Federal Rule of Appellate Procedure 32.1, Cornell LII — https://www.law.cornell.edu/rules/frap/rule_32.1 (non-.gov compilation of the federal rule)