Unpublished Opinion Non-Citation Rules

California rules of court prevent citation to unpublished opinions.  The rule is highly controversial as it contributes to non-uniform application of the law.


A. Kozinski and S. Reinhardt, “Please Don’t Cite This!” (June 2000) California Lawyer, 43; R. Arnold, Unpublished Opinions: A Comment (1999) 1 J. App. Prac. & Process 219 (1999); B. Martin, Jr., In Defense of Unpublished Opinions (1999) 60 Ohio St. L.J. 177; C. Carpenter, Jr., The No-Citation Rule for Unpublished Opinions: Do the Ends of Expediency for Overloaded Appellate Courts Justify the Means of Secrecy? (1998) 50 S.C. L. Rev. 235; K. Shuldberg, Digital Influence: Technology and Unpublished Opinions in the Federal Courts of Appeal (1997) 85 Calif. L. Rev. 541; and D. Merritt and J. Brudney, Stalking Secret Law: What Predicts Publication in the United

States Court of Appeals (2001) 54 Vand. L. Rev. 71.



Nothing contained herein is tendered as nor should it be considered as legal advice.  What is legal is not necessarily justice.  Almost all of reality is non-"published", ergo, what is legally affirmed is always a retarded misrepresentation of reality.   Use at your own risk!