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PG I(I)
Citation To Case Law
1. Published California Cases: “A published California opinion may be cited or relied on as soon as it is certified for publication or ordered published.” (Calif. Rules of Court, Rule 8.1115(d).)
2. Unpublished Opinions: California unpublished and depublished opinions may not normally be cited or relied upon by the court or a party. (Calif. Rules of Court, Rule 8.1115(a) (formerly Rule 977(a)); Rule 8.1125(e) (formerly Rule 979(e)).) Rule 8.115(b) enumerates the following two exceptions:
“An unpublished opinion may be cited or relied on:
(1)When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or
(2)When the opinion is relevant to a criminal or disciplinary action because it states reasons for a decision affecting the same defendant or respondent in another such action. (Subd (b) amended effective January 1, 2007.)”
3. Binding Effect Of Non-Final Published Opinions: Ordinarily, a Court of Appeal decision is final as to that court 30 days after it is filed. (Cal. Rules of Court, Rule 8.264.) One court has said that the deference which is required of inferior courts kicks in no later than the expiration of that 30 day time period. (In re Edgerly (82) 131 CA3d 88, 91, fn. 1.) Another court has opined that precedential value emerges only after the California Supreme Court has denied review. (People v. Ruhl (85) 168 CA3d 311, 317, fn. 8.) Which would create an even longer stare decisis limbo period, since review can be sought only after the decision becomes final in the Court of Appeal. (Cal. Rules of Court, Rule 8.500.) And yet a third case says that, if review is granted by the Supreme Court, the Court of Appeal opinion was never final, and never had any precedential value at all. (People v. Superior Court (Clark) (94) 22 CA4th 1541, 1547-1549.) However, the predecessor to Rule 8.1115 (Rule 977) was amended after all of the above cases were decided to say that an opinion is citable and can be relied upon immediately upon publication. (See CPDA CLARANET Forum, Terri Towery, Nuts & Bolts, 2/2008.)
4. Citation Of Opinions From Appellate Division Of Superior Courts: Under the language of Calif. Rules of Court Rule 8.1115(d) and opinion of the appellate division of the superior court may be “cited” and “relied on” because it is a “published California opinion.” (See e.g., People v. Carter (2005) 36 C4th 1114, 1175 [citing People v. Pelton (34) 116 CA Supp 789]; People v. Kelly (2006) 40 C4th 106, 116 [citing People v. Alberts (56) 138 CA2d Supp 909].)
However, such opinions, while binding in the case at hand under the law of doctrine, are not binding on other superior courts. (See § 1.4, above.)
5. Citation Protocol For New Cases: “A copy of an opinion citable under (b) or of a cited opinion of any court that is available only in a computer-based source of decisional law must be furnished to the court and all parties by attaching it to the document in which it is cited or, if the citation will be made orally, by letter within a reasonable time in advance of citation.” (Calif. Rules of Court, Rule 8.1115(c).)
