Appendix

• Author: Karen Eltis
• Pages: 169-175

169

Appendix

May 22, 2009

MEMOR ANDU M

To: Chief Judges, United States Courts

From: James C. Du

RE: INTERNET M ATERIALS I N JUDICIAL OPINIONS AND

ORDER S (ACTION REQUIRE D)

At its March 2009 session, the Judicial Conference approved a policy that

“all Internet materials cited in nal opinions be considered for preser-

vation” and that “[e]ach judge . . . should retain the discretion to decide

whether the specic cited resource should be captured and preserved.”

e Conference directed Administrative Oce (AO) sta to work with

the Court Administration and Case Management Committee to develop

guidelines to assist judges in determining whether and how to use cita-

tions to Internet sites, preserve cited materials, and use hyperlin ks in their

opinions and orders. at guidance is attached.1

Judges are citing to and using Internet-based information in their

opinions with increasing frequency. Unlike printed authority, Internet

1 ese guideline s were based on recommendations made to the Committe e on

Court Admin istration and Case Management by an ad hoc work ing group of

circuit librar ians who had experimented with c apturing and preserving I nter-

net resources cited in circ uit judges’ opinions. e group made its recommen-

dations with the i nput of other AO advisory groups.