Transcription of To Cite or Not to Cite? That Is the Question
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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en-gaging in legal research come acrossthat perfect case that makes thatkey point only to realize that the case is unpublished.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written opinions can bereadily located electronically via Westlaw,Lexis, Google Scholar, and other increased access to unpublished deci-sions has made it more tempting to citethem, while at the same time giving rise toTo Cite or Not to Cite? That Is the QuestionCiting Unpublished Decisions inCalifornia State and Federal CourtsBy Benjamin G. Shatz and Emil PetrossianCalifornia LitigationVol. 26 No 1 2013 Benjamin G. Shatz Emil Petrossian16much confusion regarding the propriety ofdoing complicate matters, California has uni-que practices regarding unpublished, partiallypublished, and even depublished appellateopinions; and federal practices governing thecitation of published and unpublished author-ity have a complicated history.
18 that unpublished Ninth Circuit dispositions and orders are (a) not precedent (i.e., notbinding on district courts or other Ninth Circuit panels), except when relevant under
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