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Expert Analysis

Using Unpublished Opinions In Calif. High Court Petitions

Law360, New York (March 3, 2016, 10:24 AM EST) -- The rules in Title 8, Division 5, of the California Rules of Court govern the publication and citation of California case authority. Recently, the publication aspect of these rules has received significant attention from the legal community as the California Supreme Court considers a proposal to amend rule 8.1105(e)(1), to eliminate the automatic depublication of Court of Appeal opinions when the Supreme Court grants review in a case. While the court's attention is focused on the publication and citation rules, it might be the right time to reconsider aspects of another rule that has generated considerable commentary through the years — California's "no citation" rule....

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