Mark Kelly v. Daniel Dorman, et al.

Federal circuit courts’ local rules governing citation of unpublished dispositions prior to January 1, 2007 for purposes of establishing facts and governing how courts are to consider such citations vary significantly.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Evidence and related law require courts to permit citation of statements from and to consider cited statements from an unpublished disposition for purposes of establishing any material facts in a case, even under circumstances when other statements within that same disposition are shown to be untrustworthy, provided that the individual cited statements are credible?