TITLE 38 App. > RULES > Rule 30

Rule 30. Citation of Certain Authority

(a) Citation of Nonprecedential Authority. A party, intervenor, or amicus curiae may not cite as precedent any action designated as nonprecedential by the Court or any other court or that was withdrawn after having been published in a Reporter. Such an action may be referred to only when the binding or preclusive effect of that action (such as via the application of the law-of-the-case doctrine), rather than its quality as precedent, is relevant. A copy of the action referred to must be attached to the document containing the reference.
(b) Citation of Supplemental Authority. When pertinent and significant authority comes to the attention of a party after the party’s brief has been filed or after oral argument but before the decision, a party must promptly advise the Clerk, by letter, with a copy to all other parties, setting forth the citation(s). If the authority is not readily available in a Reporter system, the party must provide the Clerk with a copy. The letter must refer to the page of the brief or to a point argued orally to which each citation pertains, and the letter must state without argument the reasons for the supplemental citation(s). Any response must be made promptly and must be similarly limited.