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. Form of Briefs, Appendices, and Other Papers. Appeal from the United States District Court for the Eastern District of North Carolinaat , Raleigh. Pincites are placed after the page on which the case begins, separated by a comma and one space. 0000015910 00000 n
[2] People v. Williams (2009) 176 Cal.App.4th 1521, 1529: We realize that depublished and unpublished decisions are now as readily available as published cases, thanks to the Internet and technologically savvy legal research programs. (6) Involves a legal issue of continuing public interest;
0000001336 00000 n
The Northern District of California also does not allow citation to non-federal opinions or orders that would not be citable in their home jurisdiction. 2241 FOR A WRIT OF HABEAS CORPUS, ECF NO. The Federal Appendix was a case law reporter published by West Publishing from 2001 to 2021. This table provides the reporter names and abbreviations, statutory compilation names and abbreviations, and citation conventions for all federal and state courts. . . There should be no spaces between the page numbers and the dash, for example, Federal rules provide that federal courts must allow parties to citeunpublished (or unreported) opinions. 22-6764. 0000017359 00000 n
In others, the old "Delaware style" of citation is required for case citations. Exceptions for unpublished/unreported opinions issued prior to 2007 include to establish the law of the case and if no published opinion would serve as well. An unpublished opinion or decision of a court or agency may be cited in a brief if the opinion or decision can be readily accessed electronically. Reporter abbreviation ("F. H\Mn0>""
*H,"cT%g. 2007). For purposes of citation to California authorities, this article follows the California Style Manual (4th ed. While most of the information in Table T.1 is straightforward, there are a couple of tips that will allow you to use the table more effectively: State cases can be cited in two ways: using a regional reporter, and using a state reporter. [10] See Am. see Supreme Court of Ohio Writing Manual. Rule B10.1.1provides the most important rules for correctly citing the name of a case. 2015). [Former] Rule 977 of the California Rules of Court prohibits citation to our own state's unpublished opinions, thus we are hardly inclined to consider those of the Massachusetts Superior Court, federal district courts in Illinois and New York, or Florida trial courts and its Court of Appeal. R. App. The second half of the second citation example lists the regional reporter citation as a parallel citation. For example, a court may not instruct parties that the citation of unpublished opinions is discouraged, nor may a court forbid parties to cite unpublished opinions when a published opinion addresses the same issue. Ed.). Digital Realty Tr., Inc. v. Somers, 138 S. Ct. 767 (2018). 0000015278 00000 n
[7] See Fed. 2d 1069, 1077 n.6 (N.D. Ill. 2013) ("[W]hether or not a district court case is reported has no impact on its ultimate authority or lack . For Michigan practitioners, those rules differs depending on whether you're in the Michigan Supreme Court or Court of Appeals, or in the Sixth Circuit. Unpublished opinions issued before 2007 may be cited to the courts if permitted by the courts' local rules. Rule 10.8.1 describes how to cite an unpublished case and there are examples in the chart at the beginning of Rule 10 (p. 95). This is not required by Ill. Sup. An unpublished decision of the North Carolina Court of Appeals does not constitute controlling legal authority. Other articles in this series examine differences in punitive damages, the jury system, evidentiary privileges, and class actions. SUPERIOR COURT CIVIL RULE 107(c)(4) A. Browse All U.S. Courts Opinions. 0000017831 00000 n
Sentencing Submission Notice of Defendant. For example, In 2014, the United States Supreme Court reversed the First Circuit Court of Appeals decision inLawson v. FMR LLC. <>
on Judiciary, Analysis of Assem. For unpublished decisions from other states, each state's appellate rules must be reviewed to determine that state's citation rules. LEXIS 2083, at *20(1st Cir. The correct Bluebook citation reflects itssubsequent history: Lawson v. FMR LLC,670 F.3d 61 (1st Cir. Public Request for Disclosure. Citations may also includeother parenthetical informationand thesubsequent historyof the case, if necessary. 2d 459 (Fla. 2005). Yet in practice, attorneys regularly use unpublished opinions to advise clients and . The citation of unpublished opinions issued before January 1, 2007, will continue to be governed by the local rules of the circuits. It does not require any court to issue an unpublished opinion or forbid any court from doing so. Pending review and filing of the Supreme Court's opinion, unless otherwise ordered by the Supreme Court under (3), a published opinion of a Court of Appeal in the matter has no binding or precedential effect, and may be cited for potentially persuasive value only. [7] The FRAP, adopted by the Ninth Circuit, prohibit district courts from limiting citations of federal opinions or orders issued after January 1, 2007.[8]. 0000001134 00000 n
An unpublished case is one where: The court has placed a citation limitation on the opinion - there is typically some language in the document that provides explicit instructions on when the case can and cannot be cited to, or a reference to a court rule that delineates that information The court has rendered the opinion not citable Although technology has made it easier than ever to locate a court opinion, Californias rules prohibiting citation to unpublished authorities have not kept up. The correct Bluebook citation nowreflects itssubsequent history: Lawson v. FMR LLC,670 F.3d 61 (1st Cir. at 115. Instead, many cases from the district courts arepublished in West'sFederal Supplement. In addition, under Rule 32.1(a), a court may not place any restriction on the citation of such opinions. Oct. 21, 2005). . Judicial Notice Allows Citation of Unpublished Opinions. The Bluebook requires a parallel cite to the regional reporter when citing to the public domain citation. For example, the recent case Arellano v. Mcdonoughis not available in the U.S. Reports yet (as of 2/14/2023). Use of unpublished cases is governed by court rules. Unlike the U.S. Supreme Court, cases from the federal courts of appeals are not compiled in an official reporter. Notes When citing cases before 1934, indicate the Pacific Reporter by using P. not Pac. District Court. Decisions of the United States Courts of Appealsare usually found in one of two reporters: Note that ordinals like2d and3d in the examples above are treated by Bluebook rules as single capital letters,which is why there is no spacebetween F. and 2d in F.2d or F. and 3d in F.3d. The proper Bluebook citation for that decision is: For example, theLawson v. FMRLLCCourt of Appeals opinion was originally cited as: Lawson v. FMR LLC, 670 F.3d 61 (1st Cir. Supp." For all other state abbreviations, there should be a space between the geographical abbreviation and the district court. Rule B10.1.2explains more on how to cite to the correct reporter. 2010). It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, Federal Cases.The fourth and current Federal Reporter series publishes decisions of the United States . 0000006556 00000 n
2d 319 (D.N.J. Rule 8.1115's prohibition against citing unpublished opinions applies to California courts. 0000001386 00000 n
When referring to the name of a case in a, To find the correct reporter abbreviation, see, There is a space between the single capital letter F.and the longer abbreviationSupp. Oct. 21, 2005). The short form of Roe v. Wade if Roe v. Wade was cited in the immediately preceding citation: he short form of Roe v. Wade if there's an intervening citation to another source: University of South Carolina School of Law, Finding Federal Statutes Using Westlaw & Lexis, Updating Federal Statutes & Finding Other Resources Using Citators (KeyCite & Shepard's), Finding Federal Cases Using Westlaw & Lexis, Updating Federal Cases & Finding Other Resources Using Citators (KeyCite & Shepard's), Finding Federal Regulations in Print & online, Finding Federal Regulations Using Westlaw & Lexis, Updating Federal Regulations & Finding Other Resources Using Citators (KeyCite & Shepards). Guide used by the Kansas Appellate Courts for citation to authority in appellate court opinions. Lawson v. FMR LLC, No. opinions of the same court, although not precedent, may be cited for persuasive reasoning. Georgetown University Law Library. Even Ninth Name of the case (italicized or underlined); Reporter abbreviation ("F.", "F.2d","F.3d" or "F.4th"); The abbreviation for the circuit that issued the decision (within parenthesis); Year the case was decided (within parenthesis following court abbreviation). 0000002388 00000 n
Ninth Circuit Judges Spar Over Citing Unpublished Cases Rawlinson Argues in Dissent That Court of Appeal or Appellate Divisions Opinions Not Certified for Publication Can Provide Insights As to How the California Supreme Court Would Decide Questions of State Law By a MetNews Staff Writer (F. On request of the court or a party, a copy of an opinion citable under (b) must be promptly furnished to the court or the requesting party. Rule 32.1 addresses only the citation of federal judicial dispositions that have been designated as unpublished or non-precedentialwhether or not those dispositions have been published in some way or are precedential in some sense. Remember that you cannot use "id." As a matter of competence, lawyers who practice in state and federal courts should stay familiar with these differences. This article, comparing the rules for citing unpublished authorities, is one of a five-part series of articles highlighting particular differences in California versus federal civil procedure. 3. the database identifier and electronic report number; When citing a U.S. Supreme Court case, you must cite to the official reporter, the United States Reports, if the case is published therein (Table 1, p.233). The federal district court opinion in theLawson v. FMRLLCcase is properly citedas: Lawson v. FMR LLC, 724 F.Supp. At its April 2005 meeting, the Advisory Committee directed that two additional changes be made. Check Table T1 for your jurisdiction to see if an official reporter is still published. 0000010928 00000 n
Here, for example, arecitations to a case that was decided in 2014,but notyet published in the United States Reports as of 2017: Riley v. California, 134 S. Ct. 2473 (2014), Riley v. California,189 L. Ed. %PDF-1.4
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Aswith published/reported cases, you use, For example, In 2014, the United States Supreme Court. [4] See TBG Ins. endobj
Federal authorities are cited using the Bluebook (20th ed. Supp.,F. Supp. 0000005379 00000 n
July 28, 2010). 2255 is before the Court on federal prisoner Jeffrey T. . When citing an unpublished case, refer to rule B10.1.4 or 10.8.1. In federal court, while the rules are more relaxed, the question of whether an opinion may be cited may turn on when and where the opinion was issued. Federal rules provide that federal courts must allow parties to citeunpublished (or unreported) opinions issued on or after January 1, 2007. For all other state abbreviations, there should be a space between the geographical abbreviation and the district court. 2000). 3 0 obj
2d 167 (D. Mass. 08-10466-DPW, 2010 WL 45678, at *8 (D. Mass. 0000020456 00000 n
You should indicate the first and last page of the range separated by a single dash. The difference between brief format and law review note format is mostly the typeface. One of the keys to citing cases properly is knowing where to find the proper legal citation abbreviations. [7] See Fed. The purpose of this guide is to introduce The Bluebook and basic concepts of legal citation to new law students. Arizona District Court Yes. For Ohio, Ohio Supreme Court cases are still published in the print reporter, Ohio State Reports (Ohio St., Ohio St.2d, Ohio St.3d). Some district court cases also are unreported, which is a separate concept that has become largely irrelevant given the accessibility of most district court opinions online (see Calhoun v. Colvin, 959 F. Supp. [4], The California standards for publication, and changes in publication status, are generally set out in California Rules of Court, rule 8.1105. whistleblower statute's protection includes employees of a public company's private contractors and subcontractors. For the fiscal year 2017, in Division One of the Arizona Court of Appeals, a total of 621 civil cases were terminated, with only 69 (11%) by published opinion. Do not superscript ordinals (Rule 6.2(b)). The Northern District of California prohibits citation of uncertified opinions. Check your jurisdiction's court rules to see if you may cite an unpublished case in your brief Federal Rules of Appellate Procedure Rule 32.1 Changes Made After Publication and Comment. Table 7 provides a list of explanatory phrases for prior and subsequent history. 2022 California Rules of Court (1) Any person may request that an unpublished opinion be ordered published. In some cases, a court decision may be "unpublished" if it is so new that it has yet to be published in the court reporter. Federal Rule of Appellate Procedure 32.1 permits attorneys to cite to federal courts of ap-peals their unpublished opinions issued in 2007 or later. Instead, all federal courts of appeals decisions are cited in West's Federal Reporter. CASES I. Unpublished Opinions Issued Today. 0000039080 00000 n
A court may not prohibit or restrict the citation of federal judicial opinions, orders, judgments, or other written dispositions that have been: (i) designated as unpublished, not for publication, non-precedential, not precedent, or the like; and. (R6.1(a)). Federal Rulemaking; Case Information. To cite to a case in a regional reporter, list the following six elements in order: Consider, for example, the following citation: Watkins v. Alvey, 549 N.E.2d 74 (Ind. (8) Invokes a previously overlooked rule of law, or reaffirms a principle of law not applied in a recently reported decision; or 0000009076 00000 n
Rule 32.1(a) applies only to unpublished opinions issued on or after January 1, 2007. Please consult the rules of the court where you intend to use this material before citing these opinions. Supp." , No. Services Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, fn. 10-2240, 2012 U.S. App. Pursuant toRule 6.1(a), there is no space between adjacent single capital letters (e.g., U.S.), while there is a space between a single capital letter and a longer abbreviation (e.g.,S. Ct. and L. KANSAS CITATIONS CASELAW 1. 0000027047 00000 n
The purpose of this guide is to introduce The Bluebook and basic concepts of legal citation to new law students. For states that are abbreviated by single adjacent capital letters, like South Carolina, abbreviated as "S.C.", there will be no space between the district court and the state abbreviations (D.S.C.). (4) Advances a new interpretation, clarification, criticism, or construction of a provision of a constitution, statute, ordinance, or court rule;
Note: These rules pertain to case captions only, and do not apply to case citations. Georgetown University Law Library. In the federal courts, circuit courts tend to follow decisions previously issued within that circuit. on Judiciary, Analysis of Assem. 2d" or "F. Supp. 2022 by The University of Akron The University of Akron is an Equal Education and Employment Institution. If you are citing to an authority that was not cited in the immediately preceding citation or you are citing to a case that was cited in the immediately preceding citation with another source, you will use a different short form. State names abbreviated with two single, adjacent capital letters (like N.Y. or S.C.) should not have a space between them and the district court. In the federal system, under Federal Rule of Appellate Procedure 32.1, unpublished decisions from and after January 1, 2007 may be cited as persuasive authority. P. 32.1. Of particular importance are the following abbreviation rules: Read rulesB10.1.1 and B10.2(Short Form Citation) forother rules that must be followed when citing case names. 0000014528 00000 n
Conforming changes were made to the Committee Note. "Unpublished" Federal Appeals Court Decisions Decisions (from 2001 to date) issued by U.S. circuit courts of appeals that are not selected for publication in the Federal Reporter are published in the Federal Appendix. Nonconsecutively Paginated Periodicals - Abbreviations, Bluebook Quick Reference: Abbreviations and How-tos. 10-2240, 2012 WL 23679, at *20 (1st Cir. 1995) (unpublished)). Lawson v. FMR LLC, 571 U.S. 429 (2014). San Jose, CA 95113
F. Supp. See Rules on Parallel Citations,Rule B10.1.3 at p. 14. Californias Electronic Discovery Act, enacted in 2009, was largely modeled on the federal rules. 0000010241 00000 n
Many more cases are available from Westlaw, Lexis or other databases. For example, if the Lawson opinion on the federal district court or court of appeals level had been unreported, it might look like this: Lawson v. FMR LLC, No. However, there are some . To cite multiple pages that are not consecutive, list the pages you want to cite, separated by a comma and one space, for example, 119, 124, 126. An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or. It is recommended that the format set out by the Supreme Court of Ohio Writing Manual be used when submitting briefs or other documents to Ohio State Courts. Decisions of the United States Supreme Courtare usually found in one of three reporters: Reporter names followThe Bluebook's spacing rules. Civil Action No. Where a jurisdiction's cases are published in more than one reporter. 295-303(Other U.S. Jurisdictions). (b) Copies Required. 2000). Citation of Unpublished Opinions. Under Rule 32.1(b), a party who cites an opinion of a federal court must provide a copy of that opinion to the court of appeals and to the other parties, unless that opinion is available in a publicly accessible electronic databasesuch as a commercial database maintained by a legal research service or a database maintained by a court. 3d). Cacayorin v. Derr. Citing Judicial Dispositions. For example, Eastern District is abbreviated by "E.D. 08-10466-DPW, 2010 WL 45678, at *8 (D. Mass. After thecase name, the reporter citationincludes: 1. the volume number of the reporter in whichthe case is published; 2. the abbreviated name of the reporter;and. Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. Decisions of the United States District Courtsare usually found in the: There is a space between the single capital letter F.and the longer abbreviationSupp. 2001). When citing a U.S. Supreme Court case, you must cite to the official reporter, the United States Reports, if the case is published therein (Table 1, p.233). R|f ^`~3$!`? E!3@7+7Bn 0000013825 00000 n
An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. At any time after granting review or after decision on review, the Supreme Court may order that all or part of an opinion covered by (1) or (2) is not citable or has a binding or precedential effect different from that specified in (1) or (2). While you will most often cite to cases in reporters, only a small percentage of cases are actually designated for publication by a court and published in a reporter. If an unpublished case is not available in an electronic database and only available as a slip opinion, the citation is the same, except without the database identifier: United States v. Bennett,No. ([m]any of the bills specific provisions are drawn from recently enacted federal rules . 0000014204 00000 n
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The volume and page numbers for each unofficial reporter will be different than those found in the official reporter. Pincites can consist of more than one page, in which case you should provide a page range. 0000014763 00000 n
A final exception is citing unpublished California appellate opinions in federal court. 2 0 obj
July 28, 2010). As a matter of competence, lawyers who practice in state and federal courts should stay familiar with these differences. This reporter set currently has threeseries, F. A rule of the Eleventh Circuit (p. 147, Rule 36.2) explicitly provides that unpublished opinions are not binding precedent but "may be cited as persuasive authority." Subdivision (b). (A) Unless otherwise ordered under (2): (A) An opinion is no longer considered published if the rendering court grants rehearing. . Following is a sum-mary table of the federal courts of appeals' local rules on . All seven regional reporters are published by the West Group. Windsor v. United States, 133 S.Ct. (1) The Supreme Court may order that an opinion certified for publication is not to be published or that an opinion not certified is to be published. You need only cite a case in full the first time it is cited in a legal memo or brief. The Supreme Court website is the Ohio Official Reports for opinions of the courts of appeals and the Court of Claims as of July 1, 2012. Cases of Interest; Public Access to Court Electronic Records (PACER) Docketing Abbreviations; Post Judgment Interest Rates; CVB Violation Notice. Ohiorequires parallel citation. As of July 1, 2012, appellate cases are no longer published in the print reporter Ohio Appellate Reports. Oct. 21, 2005). 0000004218 00000 n
Exceptions forunpublished/unreported opinions issued prior to2007 includeto establish the law of the case and if no published opinion would serve as well. 0000008515 00000 n
(e) When review of published opinion has been granted. High Profile Cases 1:10-cv-00051 1:10-cv-00051-MAC-KFG In The Matter of The Complaint of AET Inc. Limited SOLAS OLED LTD. v. SAMSUNG et al. [3] California Rules of Court, rule 8.1115 Citation of Opinions: Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (a) Citation Permitted. To cite to an unpublished case, list the following elements in this order: Name of the case (italicized or underlined); Docket number; Database identifier; The abbreviation for the court that issued the decision (within open parenthesis); The full date of decision (within closed parenthesis). The short form of Roe v. Wade if Roe v. Wade was cited in the immediately preceding citation: Id. Year the case was decided (within parentheses). Case Opinions Available from the U.S. Government Printing Office. Pending review and filing of the Supreme Court's opinion, unless otherwise ordered by the Supreme Court under (3), a published opinion of a Court of Appeal in the matter has no binding or precedential effect, and may be cited for potentially persuasive value only. [3] This includes trial court opinions, which are by their nature not published, and have no precedential value. Thus, the unofficial Supreme Court Reporter cite for Arellano is 143S.Ct. These guides may not be sold. United States Reportsis theofficialreporter of the Supreme Court, so you must citeto itwhen possible. United States District Court District of Arizona Honorable G. Murray Snow, Chief Judge Debra D. Lucas, District Court Executive & Clerk of Court . trailer
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The short form of Roe v. Wade if there's an intervening citation to another source: Roe, 410 U.S. at 115. Learn to check the Table T.1 whenever you are citing primary authority. Any litigant who intends to refer to unpublished opinions or orders on this web site must insure (1) that the opposing party has access to the web site, or (2) if access to the web site is not available, that a copy of the cited document is . 2012). 0000016861 00000 n
([m]any of the bills specific provisions are drawn from recently enacted federal rules . Now, a published appellate opinion can only be depublished if the Supreme Court affirmatively depublishes it, or if the court rendering the opinion grants a rehearing. His clients range from individuals and closely held businesses to Fortune 500 companies. (The studies are described below. United States Reportsis an official publication of the United States Government and the preferred reporter to cite for U.S. Supreme Court casesaccording to The Bluebook. A citation to a case in the United States Reports includes the following five elements: Name of the case (underlined or italicized and abbreviated according to Rule 10.2) Ultimately, the decision whether to reconsider an order resulting in judgment pursuant to Rule 59(e) is within the discretion of the district court. P. 32.1 advisory committees note to 2006 adoption. For instructions on how to cite a case generally, see Bluebook, The correct citation for federal cases has, The published source (volume, reporter & page number) where the case may be found; and. 0000005689 00000 n
See examples of pincites for unreportedopinions below. 7-14 or pursuant to a similar rule of any other issuing court, may not be cited to this Court, either in written submissions or oral argument, except when relevant under the doctrines of law of the case, res judicata or collateral estoppel. Tyler represents plaintiffs and defendants in civil cases, public entity litigation, and high-stakes disputes. 05-CR-6050 CJS(W.D.N.Y. Under Supreme Court Rule 7.04, you should not cite unpublished decisions unless it has persuasive value and would help the court. If you need to include a pinpoint citation to, for example, a quotation or the holding of a case, add the page number after the first page. (5)Addresses or creates an apparent conflict in the law;
Unpublished Opinion Logs by Case Name (Newest First) Search Unpublished Opinions. Reported Opinions. Any citation to the Court of Appeal opinion must also note the grant of review and any subsequent action by the Supreme Court. Note that if the state or court is clear from the official reporter title, omit it from the date parenthetical. CheckTable 1for guidance on how to cite materials from such courts. There is no space between F. and 3d because the Bluebook treats ordinals like single capital letters (R6.1(a)). Orders Amending Local Rules. Accordingly, citation of unpublished opinions in briefs, memoranda, and oral arguments in the trial and appellate divisions is disfavored, except for the purpose of establishing claim preclusion, issue preclusion, or the law of the case. Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. De-publishing non-precedential district court opinions. (d) When a published opinion may be cited. The United States Court of Appeals for the Eighth Circuit Case: 4:99-cv-01687-CAS Doc. 0000013890 00000 n
0000018840 00000 n
(2) Applies an existing rule of law to a set of facts significantly different from those stated in published opinions; Subsequent citation forms should use a short form of the citation. 0000021508 00000 n
If you are writing a brief or memo, look at the Blue Pages, Rule B10 (Or apply the citation rules of the jurisdiction). Federal authorities are cited using the Bluebook (20th ed. `ll3v{5p&23qfYfetOvx,^OszxtY0Aa1L(k^^yj~:Lt yqedFtVR#&+B[~ERm4%ngZRGtI54$W)d6Y[Ek\;hWtXc*=4R\
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.qJWmal?t?oYNCdH9epN(3:wC}i-!6,>b4t9s0T[@Fo%b. In California state court, trial court opinions and unpublished California appellate opinions should not be cited. R. 10.1.3. These tables give the various abbreviations for the U.S. Federal Courts including the U.S. Supreme Court, U.S. Court of Appeals and U.S. District Courts. Va.). (July 10, 2001): Both here and in the trial court, the parties citeunpublishedout-of-state decisions favoring their respective positions. A citation to a court of appeals case in the Federal Reporter includes the following six elements: Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. Most courts allow citation to published opinions only. Many states no longer publish an official reporter.