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California Supreme Court

Apr. 8, 2016

'No longer considered published'

The state high court is considering two options to replace its current rule that, whenever the court grants review of a case, the Court of Appeal opinion is considered depublished. By Steven A. Brick

By. Steven A. Brick.

On July 29, 2015, the California Supreme Court invited comments on proposed revisions to California Rule of Court 8.1105(e). Under the current rule, whenever the Supreme Court grants review of a published decision of the Court of Appeal, the intermediate court's opinion automatically "is no longer considered published." In that status, it must not be cited or relied upon by a court or a party in any other action. Rule 8.115.

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