How to Cite Unpublished Opinions in Bluebook Format
Not every court opinion appears in a printed reporter. Many decisions are available only through electronic databases like Westlaw and Lexis, or as slip opinions from the court. This guide explains how to cite these unpublished and unreported cases correctly under the Bluebook.
What Are Unpublished Opinions?
An unpublished opinion is a court decision that is not selected for publication in an official or unofficial reporter series. The term is somewhat misleading in the digital age — most "unpublished" opinions are readily available on Westlaw, Lexis, and court websites. The label refers to the fact that they do not appear in the bound volumes of reporters like the Federal Reporter (F.3d) or Federal Supplement (F. Supp. 3d).
Federal appellate courts produce both published and unpublished opinions. Published opinions are designated as precedential, while unpublished opinions are often labeled as "not for publication" or "non-precedential." The distinction matters because many jurisdictions limit the precedential value of unpublished opinions, even though they may contain useful reasoning.
The sheer volume of unpublished opinions is significant. In the federal circuits, roughly 80% of appellate decisions are designated as unpublished. Understanding how to cite them properly is therefore an essential skill.
The Debate Over Citing Unpublished Opinions
Whether unpublished opinions should be citable has been debated for decades. Critics argue that allowing citation to unpublished opinions creates a body of "hidden law" that parties with access to databases can exploit while those without access cannot. Supporters counter that in an era of universal electronic access, the distinction between "published" and "unpublished" is increasingly artificial.
In 2006, the Federal Rules of Appellate Procedure were amended to add Rule 32.1, which provides that courts of appeals may not prohibit the citation of federal judicial opinions designated as unpublished, non-precedential, or similar if issued on or after January 1, 2007. This rule resolved the federal question but left state courts to make their own rules.
For law students, the practical takeaway is this: you can generally cite unpublished federal opinions in academic work. But if you are writing a brief for a court, always check the local rules to see whether the court accepts or restricts such citations.
Bluebook Rule 10.8.1 — Unreported Cases
Bluebook Rule 10.8.1 governs the citation of cases that have not been published in a reporter. The rule provides the following hierarchy for citing unreported cases:
Cite to a widely used electronic database. If the case is available on Westlaw or Lexis, cite it using the database identifier (WL or LEXIS number).
Cite to a looseleaf service or slip opinion. If the case is not on Westlaw or Lexis, cite to the slip opinion issued by the court.
Give the full docket number and court. In all cases, include the docket number, the court, and the full date of the decision.
The key principle is that the citation must give the reader enough information to locate the case. Unlike published opinions, where the volume and page number are sufficient, unpublished opinions require the docket number and the database identifier.
Citing Cases from Westlaw
The Westlaw citation format uses the year, the abbreviation "WL," and the document number assigned by Westlaw. The format is:
Case Name, No. [docket number], [year] WL [number], at *[page] (Court [full date]).
Basic Westlaw citation
Smith v. Jones, No. 19-cv-1234, 2020 WL 1234567, at *3 (S.D.N.Y. Mar. 15, 2020).
Federal appellate court
Doe v. United States, No. 21-1456, 2022 WL 987654, at *5 (4th Cir. Jan. 10, 2022).
Without pinpoint
Garcia v. City of Chicago, No. 18-cv-5678, 2019 WL 3456789 (N.D. Ill. July 30, 2019).
The asterisk before the page number (*3) indicates a Westlaw-assigned page number, since the case has no official reporter pagination. Always include the docket number, which appears after "No." This allows the reader to find the case even without Westlaw access.
Citing Cases from Lexis
The Lexis citation format is similar to the Westlaw format but uses "LEXIS" instead of "WL":
Case Name, No. [docket number], [year] U.S. Dist. LEXIS [number], at *[page] (Court [full date]).
Federal district court
Johnson v. ABC Corp., No. 20-cv-4321, 2021 U.S. Dist. LEXIS 45678, at *7 (E.D. Pa. Mar. 5, 2021).
Federal appellate court
Williams v. State Farm, No. 20-2345, 2021 U.S. App. LEXIS 12345, at *11 (9th Cir. Apr. 22, 2021).
State court
Brown v. Green, No. 2019-CA-0567, 2020 Ohio App. LEXIS 3456, at *4 (Ohio Ct. App. June 12, 2020).
Note that the Lexis database identifier includes the court level: "U.S. Dist. LEXIS" for district courts, "U.S. App. LEXIS" for circuit courts. This differs from Westlaw, which uses a uniform "WL" identifier regardless of court level. The Bluebook does not prefer one database over the other — use whichever database you accessed the case through.
Citing Slip Opinions
A slip opinion is the initial version of a court decision, issued by the court before it appears in a reporter or database. The U.S. Supreme Court, for example, issues slip opinions on its website on the day a decision is announced.
Cite to a slip opinion only when the case has not yet been assigned a reporter citation or database identifier. Once the case appears in a reporter or on Westlaw/Lexis, update your citation to the more permanent source.
U.S. Supreme Court slip opinion
Biden v. Nebraska, No. 22-506, slip op. at 12 (U.S. June 30, 2023).
Lower court slip opinion
Doe v. Roe, No. 23-cv-789, slip op. at 5 (D. Mass. Aug. 1, 2023).
The abbreviation "slip op." tells the reader that the citation is to the slip opinion version. Include the pinpoint page, the court, and the full date of the decision.
When Courts Prohibit or Limit Unpublished Citations
While Federal Rule of Appellate Procedure 32.1 generally allows citation of unpublished federal opinions issued after January 1, 2007, some courts still impose conditions or express preferences:
Some circuits require a copy of the unpublished opinion to be attached to any brief that cites one.
Several state courts continue to prohibit citation of unpublished opinions entirely, or permit it only when no published opinion addresses the issue.
The Ninth Circuit, which produces a large volume of unpublished memorandum dispositions, allows their citation but specifies that they are not precedential.
Some courts require a parenthetical notation such as "(unpublished)" or "(non-precedential)" when citing an unpublished opinion.
For academic writing in law school, you can generally cite unpublished opinions without restriction. The limitations above apply primarily when filing documents with a court. Always check the local rules of the specific court where you are filing.
Practical Tips for Law Students
Always check for a published version first
Before citing an unpublished opinion, search to see if the case has since been published in a reporter. Westlaw and Lexis both indicate when a case has been assigned a reporter citation. The published version is always preferred.
Include the docket number
The docket number is essential for unpublished opinions. It is the most reliable way for a reader to locate the case, especially if they use a different database than you.
Use the full date
Unlike published opinions where you only include the year, unpublished opinion citations require the full date (month, day, year). This is because the database identifier alone may not be sufficient to locate the case without the date.
Note the precedential value
When citing an unpublished opinion in a paper or brief, consider adding a parenthetical explaining the weight of the opinion. For example: (unpublished) or (non-precedential). This is not always required by the Bluebook, but it is good practice.
Update citations before submission
If you cited a slip opinion or database-only citation months ago, check before submitting your paper whether the case has since been published. Update to the reporter citation if available.
Example Citations
Here is a collection of properly formatted citations for various types of unpublished and unreported cases:
Westlaw — Federal district court
Martinez v. ABC Ins. Co., No. 19-cv-2345, 2020 WL 5678901, at *4 (C.D. Cal. Sept. 24, 2020).
Westlaw — Federal appellate court
Taylor v. Warden, No. 20-6789, 2021 WL 1234567, at *2 (6th Cir. Mar. 31, 2021).
Lexis — Federal district court
Rivera v. XYZ Corp., No. 20-cv-8901, 2021 U.S. Dist. LEXIS 78901, at *9 (S.D. Tex. May 14, 2021).
Lexis — State court
People v. Davis, No. B298765, 2020 Cal. App. LEXIS 5432 (Cal. Ct. App. Nov. 3, 2020).
Slip opinion — U.S. Supreme Court
Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., No. 20-1199, slip op. at 6 (U.S. June 29, 2023).
Slip opinion — Federal district court
Lee v. Metro. Transit Auth., No. 22-cv-3456, slip op. at 8 (S.D.N.Y. Feb. 12, 2023).