Federal circuit courts ' local rules governing
citation of unpublished dispositions prior to January
1, 2007 for purposes of establishing facts and
governing how courts are to consider such citations
vary significantly. While circuits allow such
citations to establish preclusion, double jeopardy,
and like purposes, several circuits ' local rules
prohibit such citations to establish other facts, even
those of which the issuing court had first hand
knowledge. Dispositive effects of circuits ' local rules
vary, especially when disposing summary judgment
under Federal Rules of Civil Procedure R. 56, R. 12,
and R. 8.

The questions presented are:

1. Do the Federal Rules of Evidence and
related law require courts to permit citation of
statements from and to consider cited statements
from an unpublished disposition for purposes of
establishing any material facts in a case, even under
circumstances when other statements within that
disposition are shown to be untrustworthy,
provided that the individual cited statements are
credible?

2. On initial screening of complaints and
when deciding summary dismissal, are federal courts
to consider allegations composed of statements
quoted and cited from unpublished dispositions
individually as plausible sources of relevant facts
and factual descriptions of the issuing court 's
reasoning and actions, and to draw all reasonable
inferences in favor of the party against whom
summary dismissal is sought when deciding Article
III standing and jurisdiction, when the statements
are cited for the purpose of establishing facts and the
cited statements are not shown to be untrustworthy?

3. Are courts to allow into the record and to
consider, for purposes of establishing relevant facts,
any authentic unpublished dispositions issued from
any courts at any time (provided compliance with
Federal Rules of Appellate Procedure R. 32.1(b)), or
are courts permitted to only allow and consider
citations to unpublished dispositions issued from
federal courts after January 1, 2007?

Do federal courts require permitting citation of statements from unpublished dispositions to establish material facts, and under what circumstances can such citations be considered when determining summary dismissal and Article III standing?