Pa. Justices Lift Appellate Bar On Citing Unpublished Rulings

Law360 (March 5, 2019, 10:37 PM EST) -- Pennsylvania's highest court has rolled back an intermediate appellate court's rule restricting litigants from citing its unpublished decisions, capping off a two-year-long effort kicked off by the Keystone State's appellate rules committee to align the practices of the two courts on that level.

Starting in May, litigants can cite nonprecedential decisions issued by the Pennsylvania Superior Court after that date for their "persuasive value," the state's Supreme Court ruled Monday. Previously, the Superior Court had barred litigants from citing opinions that weren't designated as published, although its sister court, the Commonwealth Court, had allowed that practice for years.

The justices' decision Monday...

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