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Fifth Circuit Rule 47.5. 4 states that unpublished decisions Aare not precedent.
What are the page or word count limitations for my brief? The length of a principal brief may not exceed 14,000 words or, if handwritten or typewritten, 50 pages. Reply briefs may not exceed 7,000 words or, if handwritten or typewritten, 25 pages.
Circuit Rule 36-3 essentially states that neither parties nor courts in the Ninth Circuit may cite to an unpublished disposition as precedent, though they may cite to unpublished dispositions for purposes of establishing, e.g., the applicability of collateral estoppel, res judicata or law of the case.
28.2. 2 Record References. Every assertion in briefs regarding matter in the record must be supported by a reference to the page number of the original record, whether in paper or electronic form, where the matter is found, using the record citation form as directed by the Clerk of Court.
In 1981, the Fifth Circuit Court of Appeals Reorganization Act divided the court and created a new circuit. The judicial districts of Mississippi, Louisiana, Texas, and the Canal Zone remained with the Fifth Circuit, while the judicial districts in Alabama, Georgia, and Florida became part of the new Eleventh Circuit.