California cases(citing) Forum
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- Posts: 22
- Joined: Wed Sep 19, 2012 9:36 am
California cases(citing)
I know you cannot cite unpublished appellate cases.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?
- SemperLegal
- Posts: 1356
- Joined: Fri Dec 03, 2010 8:28 pm
Re: California cases(citing)
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 Superior (trial) court decisions are considered non-precedential and, although binding on the parties to the case, are not published.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 Unpublished cases (usually appellate-level decisions) can sometimes be found on LexisNexis or Westlaw or may be reproduced in topical looseleaf services.dirtyjesus wrote:I know you cannot cite unpublished appellate cases.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?
http://libguides.law.ucla.edu/californiacases
Edited for emphasis
- dextermorgan
- Posts: 1134
- Joined: Wed Jul 09, 2008 12:37 am
Re: California cases(citing)
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.
I have no idea about the citing thing though, you should probably listen to that other guy.
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- Posts: 22
- Joined: Wed Sep 19, 2012 9:36 am
Re: California cases(citing)
Thanks, very helpful info and link.SemperLegal wrote: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 Superior (trial) court decisions are considered non-precedential and, although binding on the parties to the case, are not published.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 Unpublished cases (usually appellate-level decisions) can sometimes be found on LexisNexis or Westlaw or may be reproduced in topical looseleaf services.dirtyjesus wrote:I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?
http://libguides.law.ucla.edu/californiacases
Edited for emphasis
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