Attorneys are prohibited under CRC rule 8.1115 from citing unpublished cases for any reason. But not even the Supreme Court takes the rule seriously. Practitioners routinely cite unpublished cases in petitions for review to demonstrate the existence of splits of authority, even though rule 8.1115 clearly prohibits this practice.
Attorneys David Ettinger and Dean Bochner join hosts Tim Kowal and Jeff Lewis to explain their two proposals to amend rule 8.1115, and allow citations to nonpubs in appropriate circumstances.
Watch the clip here.
This is a clip from episode 22 of the California Appellate Law Podcast. Listen to the full episode here.