At the federal appellate court level, efforts to implement a rule permitting citation to unpublished and non-precedential opinions relied on persuasion and logic. Eventually, those efforts succeeded when Federal Rule of Appellate Procedure 32.1 recently took effect.
One of the jurisdictions that apparently remains the most hostile toward abandoning its prohibition against citing unpublished opinions is California’s state judicial system. Earlier this month, efforts to overcome the reluctance of California’s appellate courts to allow unpublished opinions to be cited leapfrogged from the state courts to the federal courts when one young personal injury litigant filed suit in federal court, claiming that California’s two-tier system of appellate decisions (published versus unpublished) violated his right to due process of law and denies equal protection.
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