USCAVC Miscellaneous Order 16-15 In Re: Rules of Practice and Procedure Has Been Issued

Miscellaneous Order 16-15 in re: Rules of Practice and Procedure has been issued.  You can view the order on the Court's website:

Pursuant to the authority of 38 U.S.C. §§ 7263(b) and 7264(a), and consistent with 28 U.S.C. § 2071(b), the Court has revised Rule 30(a) (Citation of Nonprecedential Authority) of its Rules of Practice and Procedure. A proposed revision was published for public comment by Misc. No. 07-15 (July 28, 2015). The Court benefitted from public comment and from the views of its Rules Advisory Committee. Accordingly, it is ORDERED that the attached revision of Rule 30(a) is hereby published and is effective this date.

Revised Rule 30(a)


(a) Citation of Nonprecedential Authority. A party, intervenor, or amicus curiae may not cite as precedent any action designated as nonprecedential by the Court or any other court, or that was withdrawn after having been published in a reporter, except when the cited action has binding or preclusive effect in the case on appeal (such as via the application of the law-of-the-case doctrine). Actions designated as nonprecedential by this Court or any other court may be cited only for the persuasive value of their logic and reasoning, provided that the party states that no clear precedent exists on point and the party includes a discussion of the reasoning as applied to the instant case. With the exception of decisions of this Court available electronically, a copy of any unpublished action referred to shall be attached to the document containing the reference.