Appendix 'A

• Author: Karen Eltis
• Profession: University of Ottawa Columbia Law School
• Pages: 122-127

122

APPEND IX “A”

May 22, 2009

MEMOR ANDUM

To: Chief Judges, United States Courts

From: James C. Du

RE: INTERNET M ATERIALS I N JUDICIAL OPINIONS AND

ORDER S (ACTION REQUIRED)

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 determi ning 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

information is oen not maintained at a permanent location, and a cited

1 These guidelines were based on recomme ndations made to the Committee on

Court Administration and Case Management by an ad h oc working group of

circuit librarians who had experimented with c apturing and preserving Internet

resources cited in circuit judges’ opinions. The group ma de its recommendations

with the input of other AO advisory groups.