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Federal Reporter, Third Series

The Federal Reporter (ISSN 1048-3888) is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System.[1] It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, Federal Cases. The fourth and current Federal Reporter series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the Federal Reporter is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the Federal Reporter for included decisions.[2] Approximately 30 new volumes are published each year.[1]

Distinctions

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The Federal Reporter has always published decisions only from federal courts lower than the Supreme Court of the United States, but not the Supreme Court itself. Decisions of the U.S. Supreme Court are published in one official reporter and two unofficial reporters, which are, respectively, the United States Reports, Supreme Court Reports (a National Reporter System member published by West), and the United States Supreme Court Reports, Lawyers' Edition.

Beginning in 1932, West stopped publishing federal district court cases in the Federal Reporter and began to publish them in a separate reporter, the Federal Supplement.[1]

Features and print format

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The Federal Reporter organizes court opinions within each volume by the date of the decision, and includes the full official text of the court's opinion. West editors add headnotes that summarize key principles of law in the cases, and Key Numbers that classify the decisions by topic within the West American Digest System.

Only decisions designated by the courts as "for publication"—those with full precedential value for which citation in court filings is permissible—are included in the Federal Reporter. "Unpublished" decisions of the U.S. Courts of Appeals issued from the years 2001-2021 could be found in the Federal Appendix, also published by West. West ceased publication of the Federal Appendix in 2021. New opinions are first issued by West in weekly pamphlets called "Advance Sheets", to be eventually supplanted by the final hardbound, successively numbered volumes. Three series of Federal Reporter have been published to date, with the fourth series started in June 2021.

Series

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Federal Reporter

[edit]
Citation: F.
Published: 1880–1924
Volumes: 300
Courts covered:

Federal Reporter, Second Series

[edit]
Citation: F.2d
Published: 1924–1993
Volumes: 999
Courts covered:
Opinions

Federal Reporter, Third Series

[edit]
Citation: F.3d
Published: 1993–2021
Volumes: 999
Courts covered:
Opinions

Federal Reporter, Fourth Series

[edit]
Citation: F.4th
Published: 2021–present
Courts covered:

Electronic sources

[edit]
English Wikisource has original text related to this article:

The Federal Reporter, including its supplementary material, is also available at websites including OpenJurist.org, on CD-ROM compilations, and on West's online legal database, Westlaw. Because individual court cases are identified by case citations that consist of printed page and volume numbers, the electronic text of the opinions incorporates the page numbers of the printed volumes with "star pagination" formatting—the numbers are boldfaced within brackets and with asterisks prepended (i.e., [*4]) to stand out from the rest of the text.

Though West has copyright over its original headnotes and keynotes, the opinions themselves are public domain and accordingly may be found in other sources, chiefly Lexis, Westlaw's primary competitor. The U.S. Court of Appeals for the Second Circuit has also ruled that Lexis can copy the page numbers from the Federal Reporter to allow for proper citation without violating West's copyright.[6]

Notes

[edit]
[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Federal Reporter

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from Grokipedia
The Federal Reporter is a comprehensive series of law reports that publishes the text of opinions issued by the , along with selected decisions from other federal tribunals such as the former Court of Claims and the Court of Customs and Patent Appeals. Launched in by the West Publishing Company as a key component of the National Reporter System, it standardized the dissemination of federal appellate decisions, replacing earlier scattered reporting practices and facilitating through organized volumes with editorial enhancements like headnotes and key numbers. The series is divided into four main iterations to manage volume numbering: the First Series (F.), covering cases from October 1880 to October 1924 across 300 volumes; the Second Series (F.2d), spanning November 1924 to mid-1993 in volumes 1 through 999; the Third Series (F.3d), from 1993 to 2021 in 999 volumes; and the ongoing Fourth Series (F.4th), beginning in 2021. Initially, the Federal Reporter included decisions from both U.S. circuit and courts, but following the introduction of the for court opinions in 1932, it shifted focus exclusively to appellate-level rulings. Pre-1880 federal cases, previously unreported in a unified format, were retroactively compiled into the separate Federal Cases series, published between 1894 and 1897 in 30 volumes by West Publishing. Published by West Publishing—now part of —the Federal Reporter remains an indispensable resource in American legal practice, enabling attorneys, judges, and scholars to access precedential decisions that underpin the doctrine of stare decisis. Each volume includes not only the full text of opinions but also synopses, procedural histories, and attorney-edited annotations to aid in cross-referencing related cases across jurisdictions. While official opinions appear in the United States Reports, the Federal Reporter's coverage of lower appellate courts ensures broad accessibility to the bulk of federal jurisprudence, with digital versions now integrated into platforms like for enhanced searchability.

History and Overview

Origins and Establishment

Prior to the establishment of the Federal Reporter, reporting of federal court decisions from 1789 to 1880 was fragmented and inconsistent, relying on scattered publications such as those by individual reporters like Alexander Dallas and William Cranch, who depended on judges' voluntary notes without any official mandate for written opinions. This ad hoc system left significant gaps in accessible , compelling lawyers to navigate disorganized sources that hindered and certainty in the law. To address this void, West Publishing Company, founded in 1876 by John B. West—a former book salesman with a vision for systematic legal publishing—launched the Federal Reporter in 1880 as a key component of its National Reporter System, which began with regional state reporters like the North Western Reporter in 1879. John B. West's goal was to provide comprehensive, timely, and indexed coverage of appellate decisions, transforming the chaotic landscape into standardized volumes that enabled efficient cross-jurisdictional research. The Federal Reporter initially covered decisions from the U.S. Circuit Courts, which handled both trial and appellate functions, and the U.S. Courts, systematically compiling and publishing rulings starting from 1880. This marked a pivotal transition from irregular, error-prone publications to a reliable, editorially enhanced series, with West Publishing achieving a dominant position in unofficial legal reporting that effectively functioned as a monopoly until the 1990s, when and competitors began eroding its exclusivity. The Judiciary Act of 1891 restructured the federal judiciary by establishing dedicated U.S. Courts of Appeals, separating appellate jurisdiction from the Circuit Courts and increasing the volume of reported cases; the Federal Reporter adapted seamlessly, continuing to publish decisions from these new appellate courts while initially retaining coverage until 1932, when such cases shifted to the . West Publishing's influence endured through key ownership changes, including its acquisition by The Thomson Corporation in 1996 for $3.4 billion, which faced antitrust scrutiny but ultimately ensured the continuity and expansion of the Federal Reporter under what became Thomson Reuters. This merger preserved West's foundational commitment to comprehensive case law access, integrating the Reporter into a broader digital ecosystem while maintaining its print legacy. Later, West compiled the pre-1880 cases into the 30-volume Federal Cases series (1894–1897), retroactively completing the historical record.

Scope and Coverage

The Federal Reporter primarily covers published decisions from the , encompassing the 13 regional circuits and the Federal Circuit, which handle appeals from courts, specialized trial courts, and certain administrative agencies. This scope originated with the reporter's establishment in 1880, initially including opinions from both the circuit courts (predecessors to the modern ) and some courts until 1932, when district court decisions were shifted to the newly created to streamline reporting. In the Fourth Series (F.4th), initiated in 2021, the focus remains exclusively on decisions from these circuits. Exclusions from the Federal Reporter include decisions of the U.S. , which are officially reported in the United States Reports, and federal district court opinions after 1931, now published in the series. Unpublished or non-precedential opinions from the courts of appeals, which lack binding authority under the Federal Rules of Appellate Procedure, were previously compiled in the Federal Appendix from 2001 until its discontinuation by the publisher in 2021; such opinions are now accessible primarily through electronic databases without print reporting. Following amendments to Federal Rule of Appellate Procedure 32.1 in 2006, while unpublished opinions may be cited for persuasive value, the Federal Reporter continues to prioritize "published" decisions deemed to have significant precedential impact, reflecting a post-1980s emphasis on judicial efficiency amid rising caseloads. The of output has grown substantially with expansions in the federal judiciary, reaching approximately 30 volumes per year in the modern Third and Fourth Series, driven by increased appellate filings from legislative and jurisdictional developments. Citations to the , formatted as , reporter , and page (e.g., 123 F.4th 456), serve as unofficial but authoritative references in legal briefs, judicial opinions, and scholarly work, parallel to official reporters like the but widely adopted for their comprehensive headnotes and indexing.

Publication Features

The Federal Reporter is organized into bound volumes that are sequentially numbered within each of its series, such as the first series (F.), second series (F.2d), third series (F.3d), and fourth series (F.4th), with court opinions arranged chronologically by the date of decision within each volume. This structure ensures that users can locate cases based on temporal sequence, facilitating research into evolving legal precedents across federal appellate courts. The publication process begins with the release of weekly advance sheets, which provide timely access to newly decided opinions in form, followed by the compilation of these sheets into permanent hardbound volumes several months later, establishing fixed for long-term reference. These bound volumes feature durable hardbound covers and incorporate that matches the advance sheets, enabling seamless cross-referencing without the need for extensive adjustments. Each volume also includes front matter such as a table of cases reported, a subject index, and syllabi summarizing key holdings, enhancing navigability for legal researchers. The citation format for cases in the Federal Reporter has evolved to distinguish its series: the original series uses "F." without a , while subsequent series are denoted as "F.2d," "F.3d," and "F.4th" to indicate the second, third, and fourth iterations, respectively, with citations typically formatted as volume, reporter abbreviation, and starting page (e.g., 123 F.3d 456). Where applicable, parallel citations to official reporters, such as the for cases, may be provided alongside Federal Reporter references to align with jurisdictional requirements. As of 2025, the Federal Reporter encompasses over 2,000 volumes across all series, reflecting its expansive coverage of U.S. Courts of Appeals decisions since 1880, with approximately 30 new volumes added annually to accommodate the growing caseload. Headnotes, which summarize points of law from the opinions, are integrated into the print editions to aid analysis, though their editorial classification is addressed separately.

Editorial Enhancements and Citation Practices

West Publishing enhances the Federal Reporter with headnotes, which are concise summaries of the key legal points and principles discussed in each , crafted by attorney-editors to facilitate rapid assessment of case . These headnotes precede the full text of the and distill complex rulings into succinct paragraphs, often highlighting facts, holdings, and reasoning without constituting part of the court's official decision. A cornerstone of these enhancements is the proprietary Key Number System, developed by West Publishing, which assigns unique alphanumeric identifiers—combining a broad topic (one of over 400 categories) with a specific subtopic key number (exceeding 98,000 in total)—to each headnote for precise topical classification. This system enables researchers to similar legal issues across the entire National Reporter System, including all series of the Federal Reporter and related publications, by linking headnotes through shared Key Numbers for comprehensive case retrieval. In addition to headnotes, each case in the Federal Reporter includes a synopsis, prepared by West editors, that outlines the procedural history, essential facts, nature of the action, and docket details such as involved attorneys and court proceedings. This synopsis provides a brief overview of the case's procedural posture—who initiated the suit, prior proceedings, and appeals—serving as an introductory guide before the headnotes and opinion text. Citation practices for the Federal Reporter follow established conventions in and ALWD Citation Manual, typically formatted as: Case Name, volume Reporter page (court year), such as Smith v. Jones, 456 F.3d 789 (9th Cir. 2005). Parallel citations may be included when a case appears in multiple reporters, referencing the location in both the Federal Reporter and any official or supplemental volumes, though the Federal Reporter holds precedence in legal practice due to its comprehensive coverage and editorial aids over sporadic official reports. Updates and errata in the Federal Reporter are managed by (West's parent company) through corrections to electronic versions and, in print, by issuing reprinted volumes or notices in subsequent publications and supplements to address typographical errors, opinion revisions, or conversion issues from court submissions. These mechanisms ensure the accuracy of the reported decisions, with any substantive changes flagged via tools like KeyCite for ongoing validity checks.

Series Details

First Series (F.)

The First Series of the Federal Reporter, abbreviated as F., was the inaugural compilation of federal court decisions published by West Publishing Company, spanning from 1880 to 1924 and comprising 300 volumes. This series marked the beginning of a standardized, comprehensive reporting system for federal appellate decisions, filling a gap left by earlier scattered nominative reports and establishing a uniform format for accessing judicial opinions. In terms of coverage, the First Series primarily documented decisions from the U.S. circuit courts under the pre-1891 judicial structure, as well as early U.S. courts of appeals established by the Judiciary Act of 1891, which created intermediate appellate courts to alleviate the Supreme Court's workload. It also included select opinions from U.S. district courts, reflecting the series' broader role in capturing lower federal court rulings during a period of evolving judicial organization. Overall, it focused on appellate decisions that shaped federal law, with cases drawn from diverse sources including unreported opinions sourced from judges and court clerks. The series holds notable historical significance for establishing the Federal Reporter's foundational format and editorial standards, which emphasized prompt and complete publication of judicial opinions to support legal research and precedent-setting. It covered pivotal eras in American legal history, including the post-Civil War period of national reconstruction and the early 20th-century expansion of federal authority through legislation on commerce, labor, and civil rights, thereby documenting the judiciary's role in interpreting an increasingly assertive national government. The First Series concluded in 1924 due to the accumulation of 300 volumes, prompting West Publishing to initiate the Second Series with renumbering starting at volume 1 to manage the growing body of .

Second Series (F.2d)

The Federal Reporter Second Series, cited as F.2d, spanned from 1924 to 1993 and comprised 999 volumes, documenting decisions from the across the nation's 13 circuits. This series primarily covered opinions following the Judiciary Act of 1925, which restructured the federal judiciary by establishing permanent circuit courts of appeals and limiting Supreme Court review to cases of national importance, thereby concentrating significant litigation at the appellate level. In 1932, coverage shifted as district court decisions moved to the newly introduced , allowing the F.2d to focus exclusively on appeals. The series reflected the dramatic expansion of federal jurisprudence amid rising caseloads driven by legislation in , which created numerous administrative agencies and spurred litigation over economic regulations, , and government programs. further intensified this growth in the 1940s, with increased disputes involving wartime contracts, rationing, and military-related administrative actions, contributing to a surge in appeals that strained judicial resources and necessitated improved statistical tracking by the Administrative Office of the U.S. Courts starting in 1940. By the mid-20th century, annual filings in the courts of appeals had more than doubled from pre- levels, underscoring the series' role in chronicling this era of federal expansion. Notable for introducing more standardized reporting practices within West Publishing's National Reporter System, the F.2d series ensured consistent formatting, headnotes, and syllabi for opinions, facilitating easier access and citation across legal research. It encompassed landmark appellate decisions in civil rights, such as Meredith v. Fair, 305 F.2d 341 (5th Cir. 1962), which advanced school desegregation by upholding a Black student's right to attend the University of Mississippi, and in administrative law, including United States v. Aluminum Co. of America, 148 F.2d 416 (2d Cir. 1945), a seminal antitrust case that defined market power under the Sherman Act and influenced regulatory enforcement. The Second Series concluded at volume 999 in 1993, a volume limit imposed by publishing conventions that prompted the launch of the Third Series (F.3d) to accommodate ongoing growth in federal appeals, symbolizing the maturation and proliferation of U.S. over nearly seven decades.

Third Series (F.3d)

The Federal Reporter, Third Series (F.3d), commenced publication in 1993 and continued until 2021, spanning 999 volumes in accordance with the National Reporter System's convention of resetting series upon reaching that volume threshold. This series primarily documented published decisions from the thirteen , including the Court of Appeals for the Federal Circuit, which adjudicates appeals from the United States Court of Federal Claims among other specialized matters. Coverage extended to a broad array of federal appellate jurisprudence during this period, encompassing approximately 30 volumes annually to reflect the growing caseload. During its run, the Third Series captured significant legal developments influenced by technological advancements and global events, including cases addressing emerging issues in technology, , and . For instance, it included precedents on , such as In re Application of the U.S. for an Order Directing a Provider of Elec. Commc'n Serv. to Disclose Records, 620 F.3d 304 (3d Cir. 2010). Post-9/11 litigation featured prominently, with decisions shaping security , such as those involving terrorist attacks and government information disclosure in a heightened context. The series also documented -related disputes, including and cross-border conflicts amid the internet's expansion. The Third Series coincided with the proliferation of and online legal databases, facilitating broader access to federal beyond traditional print formats. Unpublished appellate decisions during this era were handled separately in the Federal Appendix until its discontinuation in 2021. The series concluded at volume 999 in 2021, prompting the transition to the Fourth Series (F.4th) to maintain organizational continuity in the National Reporter System.

Fourth Series (F.4th)

The Fourth Series of the Federal Reporter, designated as F.4th, began publication in June 2021 and remains the ongoing series as of November 2025. This series was initiated following the completion of the Third Series at volume 999, resetting the volume numbering to 1 to accommodate continued expansion. Published by as part of West's National Reporter System, it focuses exclusively on precedential opinions, aligning with the broader scope of reporting significant federal appellate decisions. The series covers decisions from the thirteen United States Courts of Appeals, including the Federal Circuit, which hears appeals from the Court of Federal Claims and other specialized tribunals, emphasizing contemporary legal challenges such as regulation, cybersecurity disputes, and climate-related litigation. As of November 2025, it comprises approximately 130 volumes, with about 30 new volumes added annually to reflect the steady output of federal appellate rulings. Notable developments include its adaptation to digital-first publishing workflows, enabling faster integration of opinions into online platforms alongside traditional print formats. This shift also responds to the 2021 discontinuation of the Federal Appendix, which had previously compiled non-precedential decisions, by streamlining the focus on authoritative, citable within the core reporter structure. Looking ahead, the Fourth Series is expected to expand further in response to rising federal caseloads, with appellate filings showing consistent growth across circuits. continues to play a central role in this process, balancing print production with enhanced digital accessibility to meet evolving demands in legal practice.

Modern Access and Resources

Electronic Databases and Availability

The Federal Reporter is primarily accessible through proprietary electronic databases that offer comprehensive, annotated access to its cases. , operated by , provides full-text coverage of all Federal Reporter series, enhanced with Key Numbers for topical indexing and headnote summaries to facilitate precise . maintains a parallel proprietary database with extensive Federal Reporter content, including editorial annotations and cross-references to related federal materials, enabling users to retrieve opinions by citation, party name, or subject. Both platforms support advanced search functionalities such as queries for complex term combinations and citation tracking tools—KeyCite on Westlaw and Shepard's on LexisNexis—to verify the validity and subsequent history of cases. Additionally, star pagination is preserved in these digital formats, embedding print reporter page numbers within the text to ensure seamless citation alignment with physical volumes. Integration with other federal resources, such as statutes, regulations, and docket information, further enhances usability on these platforms. Free and open-access alternatives have expanded availability of Federal Reporter content, particularly for researchers without subscription access. offers searchable access to Federal Reporter cases from 1923 onward, drawing from and licensed sources for federal appellate opinions. The Caselaw Access Project, a initiative, includes digitized volumes of the Federal Reporter among its 6.9 million unique U.S. cases spanning 360 years, with full free public access to scanned pages and text. CourtListener, maintained by the nonprofit Free Law Project, provides free full-text search of Federal Reporter opinions, supporting operators, citation alerts, and integration with RECAP for PACER-uploaded documents. For historical access, HeinOnline delivers digitized archives of Federal Reporter series in image-based PDFs, covering volumes from inception with searchable text overlays. PACER (Public Access to Court Electronic Records) supplements this by offering recent unpublished opinions and dockets not included in the Reporter, though access incurs fees unless waived. OpenJurist focuses on Federal Reporter opinions, providing free full-text retrieval for older, non-copyrighted cases. Despite broad digital coverage, gaps persist in electronic availability. The Federal Reporter begins with cases from 1880, excluding pre-1880 federal appellate decisions, which are instead compiled in the Federal Cases reporter and accessible via specialized archives like HeinOnline. Many unpublished opinions, deemed non-precedential by courts, appear only in PACER or circuit-specific databases rather than the Federal Reporter, limiting their integration into standard search tools. As of 2025, open-access initiatives have accelerated following copyright challenges, with the Caselaw Access Project lifting all usage restrictions on its digitized corpus in 2024 to promote unrestricted public and scholarly use of historical Federal Reporter content. Mobile applications from and enable on-the-go access to advance sheets and full cases, incorporating search features and offline downloads for enhanced portability. These developments build on print advance sheets as timely precursors to bound volumes, now digitized for broader digital dissemination. The judicial opinions contained in the Federal Reporter are not copyrightable under U.S. law, as they are official expressions of the federal judiciary, a branch of the U.S. government. Section 105 of the Copyright Act explicitly excludes works of the United States Government from copyright protection, encompassing court decisions as public records essential to the rule of law. This principle has been affirmed by longstanding Supreme Court precedent, including Wheaton v. Peters (1834), which established that no copyright exists in the official reports of judicial opinions, and more recently in Georgia v. Public.Resource.Org, Inc. (2020), where the Court emphasized that the law itself cannot be owned or monopolized through copyright. As a result, the full text of these opinions is in the public domain and may be freely reproduced, distributed, and accessed without permission for any purpose. In contrast, the editorial enhancements added by West Publishing Company—now owned by —such as headnotes, Key Numbers, and syllabi, are protected by as original compilations and analyses. These proprietary features organize and summarize legal points from the opinions, and their commercial use requires licensing from to avoid infringement claims. Courts have upheld this distinction; for instance, in Matthew Bender & Co. v. West Publishing Co. (1998), the Second Circuit ruled that while the raw text of opinions merges with any purported original arrangement and thus lacks protection, the headnotes themselves qualify as creative works eligible for safeguarding. continues to enforce these rights aggressively, as demonstrated in its February 2025 district court ruling against ROSS Intelligence, where the court rejected defenses for using headnotes to train AI models (currently under appeal to the Third Circuit Court of Appeals as of November 2025), highlighting the commercial value of these enhancements. During the 1990s, West Publishing pursued several lawsuits to defend its claimed copyrights in case reporters, including actions against competitors for reproducing texts and unauthorized hyperlinking to its databases, which challenged the boundaries of digital access to legal materials. These efforts, such as Hyperlaw, Inc. v. West Publishing Co. (1999), ultimately narrowed West's protections by confirming the status of texts while preserving rights in editorial additions. The 2010s marked a shift toward greater , driven by federal court rules mandating electronic filing and public posting of opinions through platforms like PACER, enabling free dissemination via nonprofit archives. As of 2025, maintains policies requiring permissions for substantial use of its annotated content, balancing proprietary interests with the inherent public nature of the underlying law. For researchers and the public, this bifurcated status facilitates free bulk downloads of unenhanced opinion texts from public domain repositories like CourtListener and the Caselaw Access Project, promoting broad scholarly and non-commercial use without restrictions. However, reliance on West's annotated versions for headnotes or Key Numbers necessitates licensed access via services like , limiting options for commercial or derivative works incorporating those elements. The discontinuation of the Federal Appendix—a West-published series for non-precedential decisions—has amplified this dynamic, increasing dependence on digital, unenhanced sources for unpublished opinions, which remain fully in the .

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