California cases(citing)

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dirtyjesus
Posts: 22
Joined: Wed Sep 19, 2012 9:36 am

California cases(citing)

Postby dirtyjesus » Wed Nov 07, 2012 11:05 pm

I know you cannot cite unpublished appellate cases. It says they cannot be cited in WL. But what about trial court rulings, can they be cited?

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SemperLegal
Posts: 1333
Joined: Fri Dec 03, 2010 8:28 pm

Re: California cases(citing)

Postby SemperLegal » Wed Nov 07, 2012 11:11 pm

dirtyjesus wrote:I know you cannot cite unpublished appellate cases. It says they cannot be cited in WL. But what about trial court rulings, can they be cited?


Only opinions ordered officially published can be cited as authority before California courts (see California Rules of Court, Rules 976 et seq.). All California Supreme Court decisions are published, while less than 20% of Courts of Appeal decisions are authorized for publication. Superior (trial) court decisions are considered non-precedential and, although binding on the parties to the case, are not published. However, selected opinions of the Appellate Departments of the Superior Court have been published since 1929. Unpublished cases (usually appellate-level decisions) can sometimes be found on LexisNexis or Westlaw or may be reproduced in topical looseleaf services.

http://libguides.law.ucla.edu/californiacases

Edited for emphasis

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dextermorgan
Posts: 1138
Joined: Wed Jul 09, 2008 12:37 am

Re: California cases(citing)

Postby dextermorgan » Wed Nov 07, 2012 11:17 pm

My Crim professor was bitching about how hard it is to find lower court cases from California just today.

I have no idea about the citing thing though, you should probably listen to that other guy.

dirtyjesus
Posts: 22
Joined: Wed Sep 19, 2012 9:36 am

Re: California cases(citing)

Postby dirtyjesus » Wed Nov 07, 2012 11:30 pm

SemperLegal wrote:
dirtyjesus wrote:I know you cannot cite unpublished appellate cases. It says they cannot be cited in WL. But what about trial court rulings, can they be cited?


Only opinions ordered officially published can be cited as authority before California courts (see California Rules of Court, Rules 976 et seq.). All California Supreme Court decisions are published, while less than 20% of Courts of Appeal decisions are authorized for publication. Superior (trial) court decisions are considered non-precedential and, although binding on the parties to the case, are not published. However, selected opinions of the Appellate Departments of the Superior Court have been published since 1929. Unpublished cases (usually appellate-level decisions) can sometimes be found on LexisNexis or Westlaw or may be reproduced in topical looseleaf services.

http://libguides.law.ucla.edu/californiacases

Edited for emphasis


Thanks, very helpful info and link.




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