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Citing Unpublished Decision =C2=A0 =C2=A0 Requesting yo=
David is right. To add a bit more flavor to the discussion:
Take a look at LR 9013-2:
"(4) Unpublished Opinions. If a party cites an unpublished judicial opinion, order,judgment, or other written disposition, the party must file and serve a copy of thatopinion, order, judgment, or disposition with the brief or other document in whichit is cited."
This rule is consistent with most federal rules which now generally permit citation to unpublished federal court decisions. See, for example, Ninth Circuit Rule 36-3, which allows citation, but only if the unpublished decision issued after January 1, 2007. I am pretty sure that the Central District local rules do not prohibit citation to unpublished federal authorities. But, interestingly, last time I checked, the Northern District expressly prohibits such citations.
If you are going to cite to unpublished California state court decisions, the rules are different. See CRC 8.1115(a):
l or superior courtappellate division that is not certified for publication or ordered published must not becited or relied on by a court or a party in any other action."
The reason I raise this issue is because most federal courts, including our bk courts, follow the rule that, when deciding questions of state law, the court should act as if it were a state court; hence, no consideration of unpublished California state court decisions.
In summary, unpublished federal court decisions: ok (just be sure to follow LR 9013-2. Unpublished California state court decisions: probably no (with certain exceptions, such as for law of the case doctrine).
See how easy that is? Lol!
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Sent: Tuesday, October 17, 2017 3:38 PM
Subject: [cdcbaa] RE: Citing Unpublished Decision
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Subject: [cdcbaa] Citing Unpublished Decision Requesting you excuse my ignorance in advance--- Can an unpublished decision be cited for persuasive purposes but not for precedent? Ive found some non-bankruptcy rules they are just for res judicata, collateral estoppel or rule of the case. If not, what is the point of an unpublished decision in bankruptcy jurisprudence? Dont ask me how I got out of law school or this far in practice without knowing. Law Offices of Steven B. Lever Steven B. Lever (Tel. (562) 436-5456 ext. 1 (Fax (562) 485-6886 *sblever@leverlaw.com ************** This Internet e-mail contains confidential information which is intended only for the addressee and which may be privileged under applicable law. Do not read, copy or disseminate it if you are not the addressee. If you have received this message in error, please notify the sender immediately and delete it. Thank you. *****************************
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