Depublished opinion refers to a legal opinion issued by an intermediate appellate court that has been removed from official publication. This action is typically taken by the highest court, which may decide that the opinion should not be available for citation or reference in future cases. Depublication serves to limit the legal precedents that can be established by certain appellate decisions.
Depublished opinions are relevant in various legal contexts, particularly in appellate law. They may arise in civil, criminal, or administrative matters where a higher court determines that a lower court's opinion does not meet the standards for publication. Users may encounter situations involving depublication when researching case law or when involved in appeals, and they can utilize legal templates from US Legal Forms to navigate related procedures.
Here are a couple of examples of abatement:
(hypothetical example) A California appellate court issues a decision in a civil case. After the decision is finalized, a party involved submits a request to the California Supreme Court to depublish the opinion, arguing that it does not contribute to legal precedent. The Supreme Court reviews the request and decides to depublish the opinion, meaning it cannot be cited in future cases.
The primary statute governing the depublication of opinions in California is the California Rules of Court, Rule 8.1125. This rule outlines the process for requesting depublication, including the timeline and requirements for submission.
| Term | Definition |
|---|---|
| Published Opinion | An opinion that is officially recorded and can be cited as precedent. |
| Unpublished Opinion | An opinion that is not published in official reports but may still have persuasive value. |
If you believe that a court opinion should be depublished, consider submitting a request to the appropriate highest court, ensuring you meet the specified requirements and deadlines. You may also explore US Legal Forms for templates that can assist you in preparing your request. If the situation is complex, consulting with a legal professional is advisable.
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A depublished opinion is a court ruling that has been removed from official reports and cannot be cited as precedent.