Appellate Practice
May 8, 2010
The Value of Unpublished Opinions
Moe Keshavarzi of Sheppard Mullin argues in support of the new rule requiring federal courts to allow citation of unpublished cases.
Moe Keshavarzi
For some time now, judges and lawyers have debated the pros and cons of permitting lawyers to cite to unpublished opinions. The debate has heated up in the last several years after the Supreme Court, in 2006, over the objection of several hundred judges and lawyers, adopted a new Rule 32.1 of the Federal Rules of Appellate Procedure requiring that federal courts allow citation of unpublished cases issued on or after Jan. 1, 2007. Unlike federal law, California law still forbids lawyers f...
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