Daily Blast June 2, 2016

On June 1, 2016, the California Supreme Court adopted amendments to California Rules of Court, rules 8.1105 and 8.1115, regarding the publication of appellate opinions. The amendments replace the former regime of automatic depublication of Court of Appeal decisions when the California Supreme Court grants review. According to the amended rules, “[g]rant 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. . . .” (Cal. Rules of Court, rule 8.1105(e)(1)(B).) The amendment, effective July 1, 2016, provides that published opinions retain their published status pending review, but lose their binding precedential value until the Supreme Court decides on the matter. (Cal. Rules of Court, rule 8.1115(e).) Published opinions pending review may still be cited, but “for potentially persuasive value only.” (Cal. Rules of Court, rule 8.1115(e)(1).) After a decision on review, the Court of Appeal opinion is precedential to the extent that it does not conflict with the Supreme Court’s decision. (Cal. Rules of Court, rule 8.1115(e)(2).) The Supreme Court has the flexibility to deviate from these rules by ordering an appellate decision not citable, or giving it a different binding or precedential effect than specified above, either while it is pending, or after the Supreme Court’s decision. (Cal. Rules of Court, rule 8.1115(e)(3).)

Related Attorneys

Related Practices

Find an Attorney

Each of the firm's offices include partners, associates and a professional staff dedicated to meeting the challenge of providing the firm's clients with extraordinary service.