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To Cite or Not to Cite? That Is the Question

15 Every day in california , lawyers en-gaging in legal research come acrossthat perfect case that makes thatkey point only to realize that the case is unpublished. Hence the quandary: Shouldthe case be cited? Can it be cited?The quagmire of handling unpublishedcase law has thickened in our digital age,where nearly all written opinions can bereadily located electronically via Westlaw,Lexis, Google Scholar, and other increased access to unpublished deci-sions has made it more tempting to citethem, while at the same time giving rise toTo Cite or Not to Cite? That Is the QuestionCiting Unpublished Decisions inCalifornia State and Federal CourtsBy Benjamin G.

16 much confusion regarding the propriety of doing so. To complicate matters, California has uni-que practices regarding unpublished, partially published, and …

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