Veteranclaims’s Blog

July 2, 2021

Revised R. 30(a) Now Out for Public Comment; Rule 30(a) (CITATION OF CERTAIN AUTHORITY); Citation of Nonprecedential Authority. Parties, intervenors, and amicus curiae may cite nonprecedential dispositions by any court for the persuasive value of the court’s analysis;

Available for public comment for a period of 30 days, beginning June 25, 2021

Miscellaneous Order 10-21

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
MISC. NO. 10-21
IN RE: RULES OF PRACT ICE AND PROCEDURE
O R D E R
Pursuant to the authority of 38 U.S.C. § 7264(a) and consistent with 28 U.S.C. § 2071(b),
the Court has determined that Rule 30(a) (CITATION OF CERTAIN AUTHORITY) of its Rules of Practice
and Procedure (Rules) should be revised to bring it more clearly in line with Rule 32.1(a) of
the Federal Rules of Appellate Procedure and make it clearer that citing precedential
decisions is not prohibited or restricted. The proposed revisions were developed in
collaboration with the Court’s Rules Advisory Committee.
Accordingly, it is
ORDERED that the attached proposed revisions to the Court’s Rules are hereby published
for public comment for a period of 30 days. Comments must be submitted to the Clerk of the
Court by July 26, 2021, at comments@uscourts.cavc.gov or to 625 Indiana Avenue, NW,
Suite 900, Washington, DC 20004.
DATED: June 25, 2021 FOR THE COURT:
/s/Gregory O. Block
GREGORY O. BLOCK
Clerk of the Court
Attachment:
Proposed Revised Rule
Proposed revision to U.S. Vet. App. Rule 30(a)
(a) Citation of Nonprecedential Authority. Parties, intervenors, and amicus curiae may cite
nonprecedential dispositions by any court for the persuasive value of the court’s analysis
.
Parties, intervenors, and amicus curiae citing such a disposition shall identify any clear
precedent on point (or state that none exists) and explain how the nonprecedential disposition
applies to the case before the court. With the exception of dispositions available in a publicly
accessible electronic database, a copy of any cited unpublished disposition shall be attached to
the document containing the citation.

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