Horvitz & Levy partner Dean Bochner and I have an article in the most recent California Litigation magazine that recommends amending rule 8.1115. With two narrow exceptions, the rule prohibits the citation of unpublished appellate opinions. In practice, however, there are unwritten additional exceptions that both counsel and the courts recognize.
The article suggests a revision “to ensure that [rule 8.1115’s] terms are consistent with the spirit of the rule and current practice.” One possible change would replace the broad, general prohibition with one that would only bar citing a nonpub “as binding or persuasive precedent.”
California Litigation is the journal of the Litigation Section of the California Lawyers Association.
Related:
“Referencing” and “mentioning” unpublished opinions in petitions for review
Another citing of unpublished opinions that violates the rule but is accepted in practice
Questions about the Supreme Court declining to look at some unpublished opinions