Appellate Practice
Jan. 20, 2016
Binding precedent, pending review
The Supreme Court has released a proposal to amend the rules regarding the publication of Court of Appeal decisions after the high court has granted review. By Jessica M. Di Palma
Under the current California Rules of Court, a published Court of Appeal opinion is automatically depublished when the Supreme Court grants review in the case, meaning the opinion can no longer be cited in other cases. (Cal. Rules of Court, Rules 8.1105(e)(1), 8.1115(a).) Under Rule 8.1105(e)(2), however, the court may order the opinion republished, in whole or in part, at any time after granting review.
On July 29, 2015, the California Supreme Court released a proposal to amend Rule...
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