Thursday, June 2, 2016
Supreme Court Adopts Rule Change Affecting Citability of C.A. Decisions
By a MetNews Staff Writer
The California Supreme Court yesterday adopted rule changes under which published or partially Court of Appeal opinions will not be automatically decertified upon the granting of review, but will have persuasive value, only.
Effective July 1, California Rules of Court, rule 8.1105(e)(1)(B) will read:
“Grant of review by the Supreme Court of a decision by the Court of Appeal does not affect the appellate court’s certification of the opinion for full or partial publication…but any such Court of Appeal opinion, whether officially published in hard copy or electronically, must be accompanied by a prominent notation advising that review by the Supreme Court has been granted.”
Rule 8.1105 was also altered to authorize depublication of an opinion under review.
Rule 8.1115 was amended to provide that while an opinion is under review, it may not be cited as authority, but may be cited for its persuasive value. After the high court rules in the case, the Court of Appeal decision will become “binding or precedential effect, except to the extent it is inconsistent with the decision of the Supreme Court or is disapproved by that court.”
It is specified that the Supreme Court has the authority to specify that a particular Court of Appeal opinion be treated in a manner differing from what the rules provide.
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