Do federal courts require permitting citation of statements from unpublished dispositions to establish material facts, and under what circumstances can such citations be considered when determining summary dismissal and Article III standing?

QUESTIONS PRESENTED Federal circuit courts’ local rules governing citation of unpublished dispositions prior to January 1, 2007 for purposes of establishing facts and governing how courts are to consider such citations vary significantly.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: J. 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Evidence and related law require courts to permit citation of statements from and to consider cited statements from an unpublished disposition for purposes of establishing any material facts in a case, even under circumstances when other statements within that same disposition are shown to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? ii 2. On initial screening of complaints and when deciding summary dismissal, are federal courts to consider allegations composed of statements quoted and cited from unpublished dispositions individually as plausible sources of relevant facts and factual descriptions of the issuing court’s reasoning and actions, and to draw all reasonable inferences in favor of the party against whom summary dismissal is sought when deciding Article III standing and jurisdiction, when the statements are cited for the purpose of establishing facts and the cited statements are not shown to be untrustworthy? 3. Are courts to allow into the record and to consider, for purposes of establishing relevant facts, any authentic unpublished dispositions issued from , any courts at any time (provided compliance with Federal Rules of Appellate Procedure R. 32.1(b)), or are courts permitted to only allow and consider citations to unpublished dispositions issued from federal courts after January 1, 2007?