2002 California Rules of Court

Rule 976. Publication of appellate opinions

(a) [Supreme Court] All opinions of the Supreme Court shall be published in the Official Reports.

(Subd (a) adopted effective January 1, 1964.)

(b) [Standards for publication of opinions of other courts] No opinion of a Court of Appeal or an appellate department of the superior court may be published in the Official Reports unless the opinion:

(1) establishes a new rule of law, applies an existing rule to a set of facts significantly different from those stated in published opinions, or modifies, or criticizes with reasons given, an existing rule;

(2) resolves or creates an apparent conflict in the law;

(3) involves a legal issue of continuing public interest; or

(4) makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law.

(Subd (b) amended effective January 1, 1983; previously amended effective November 11, 1966, and January 1, 1972; adopted effective January 1, 1964.)

(c) [Publication procedure]

(1) (Courts of Appeal and appellate departments) An opinion of a Court of Appeal or an appellate department of the superior court shall be published if a majority of the court rendering the opinion certifies, prior to the decision's finality in that court, that it meets one or more of the standards of subdivision (b).

(2) (Supreme Court) An opinion certified for publication shall not be published, and an opinion not so certified shall be published, on an order of the Supreme Court to that effect.

(Subd (c) amended effective January 1, 1983; previously amended effective November 11, 1966, and January 1, 1972; adopted effective January 1, 1964.)

(d) [Superseded opinions] Unless otherwise ordered by the Supreme Court, no opinion superseded by a grant of review, rehearing, or other action shall be published. After granting review, after decision, or after dismissal of review and remand as improvidently granted, the Supreme Court may order the opinion of the Court of Appeal published in whole or in part.

(Subd (d) amended effective May 6, 1985; previously amended effective January 1, 1983; Subd (e) renumbered subd (d) effective January 1, 1972; adopted effective January 1, 1964.)

(e) [Editing] Written opinions of the Supreme Court, Courts of Appeal, and appellate departments of the superior courts shall be filed with the clerks of the respective courts. Two copies of each opinion of the Supreme Court, and two copies of each opinion of a Court of Appeal or of an appellate department of a superior court which the court has certified as meeting the standard for publication specified in subdivision (b) shall be furnished by the clerk to the Reporter of Decisions. The Reporter of Decisions shall edit the opinions for publication as directed by the Supreme Court. Proof sheets of each opinion in the type to be used in printing the reports shall be submitted by the Reporter of Decisions to the court which prepared the opinion for examination, correction and final approval.

(Subd (f) renumbered subd (e) effective January 1, 1972; previously amended effective November 11, 1966; adopted effective January 1, 1964.)

Rule 976 amended effective May 6, 1985; previously amended effective November 11, 1966, January 1, 1972, January 1, 1983; adopted by the Supreme Court effective January 1, 1964.

Rule 976.1. Partial publication experiment

(a) [Partial publication authorized] A majority of the court rendering an opinion may certify for publication any part of the opinion that meets the standard for publication specified under subdivision (b) of rule 976. The published part shall indicate that part of the opinion is unpublished. All material, factual and legal, that aids in the application or interpretation of the published part shall be in the published part.

(b) [Other rules applicable] For purposes of rules 976, 977, and 978, the published part of the opinion shall be treated as a published opinion, and the unpublished part as an unpublished opinion.

(c) [Copy to Reporter of Decisions] One extra copy of both the published and unpublished parts of the opinion shall be furnished by the clerk to the Reporter of Decisions.

Rule 976.1 amended effective January 1, 1984; adopted effective January 1, 1983.

Rule 977. Citation of opinions

(a) [Unpublished opinions] An opinion of a Court of Appeal or an appellate department of the superior court that is not certified for publication or ordered published shall not be cited or relied on by a court or a party in any other action or proceeding except as provided in subdivision (b).

(Subd (a) amended effective January 1, 1997.)

(b) [Exceptions] Such an opinion may be cited or relied on:

(1) when the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or

(2) when the opinion is relevant to a criminal or disciplinary action or proceeding because it states reasons for a decision affecting the same defendant or respondent in another such action or proceeding.

(Subd (b) amended effective January 1, 1983.)

(c) [Citation procedure] A copy of any opinion citable under subdivision (b) or of a cited opinion of any court that is available only in a computer-based source of decisional law shall be furnished to the court and all parties by attaching it to the document in which it is cited, or, if the citation is to be made orally, within a reasonable time in advance of citation.

(Subd (c) amended effective January 1, 1997.)

(d) [Opinions ordered published by Supreme Court] An opinion of the Court of Appeal ordered published by the Supreme Court pursuant to rule 976 is citable.*

(Subd (d) adopted effective May 6, 1985.)

Rule 977 amended effective January 1, 1997; adopted by the Supreme Court and by the Judicial Council effective January 1, 1974; previously amended effective January 1, 1983, and May 6, 1985.

* Any citation to the Court of Appeal opinion shall include reference to the grant of review and any subsequent action by the Supreme Court.

Rule 978. Requesting publication of unpublished opinions

(a) [Request procedure; action by court rendering opinion] A request by any person for publication of an opinion not certified for publication may be made only to the court that rendered the opinion. The request shall be made promptly by a letter stating the nature of the person's interest and stating concisely why the opinion meets one or more of the publication standards. The request shall be accompanied by proof of its service on each party to the action or proceeding in the Court of Appeal. If the court does not, or by reason of the decision's finality as to that court cannot, grant the request, the court shall transmit the request and a copy of the opinion to the Supreme Court with its recommendation for disposition and a brief statement of its reasons. The transmitting court shall also send a copy of its recommendation and reasons to each party and to any person who has requested publication.

(Subd (a) amended effective July 1, 1997; adopted July 1, 1975; previously amended January 1, 1983, and July 1, 1992.)

(b) [Action by Supreme Court] When a request for publication is received by the Supreme Court pursuant to subdivision (a), the court shall either order the opinion published or deny the request. The court shall send notice of its action to the transmitting court, each party, and any person who has requested publication.

(Subd (b) amended effective January 1, 1983; adopted effective July 1, 1975.)

(c) [Effect of Supreme Court order for publication] An order of the Supreme Court directing publication of an opinion in the Official Reports shall not be deemed an expression of opinion of the Supreme Court of the correctness of the result reached by the decision or of any of the law set forth in the opinion.

(Adopted effective July 1, 1975.)

Rule 978 amended effective July 1, 1997; previously amended January 1, 1983, and July 1, 1992; adopted by the Supreme Court and by the Judicial Council effective July 1, 1975.

Drafter's Notes

1992-Rule 978 was amended to require that letters requesting publication of unpublished opinions be served on each party to the action in the Court of Appeal. Before the amendment, the rule merely required that copies of the letter be sent to all parties, but did not require formal service or proof of service.

Rule 979. Requesting depublication of published opinions

(a) [Request procedure] A request by any person for the depublication of an opinion certified for publication shall be made by letter to the Supreme Court within 30 days after the decision becomes final as to the Court of Appeal. Any request for depublication shall be accompanied by proof of mailing to the Court of Appeal and proof of service to each party to the action or proceeding. The request shall state the nature of the person's interest and shall state concisely reasons why the opinion should not remain published. The request shall not exceed 10 pages.

(b) [Response] The Court of Appeal or any person may, within 10 days after receipt by the Supreme Court of a request for depublication, submit a response, either joining in the request or stating concisely reasons why the opinion should remain published. A response submitted by anyone other than the Court of Appeal shall state the nature of the person's interest. Any response shall not exceed 10 pages and shall be accompanied by proof of mailing to the Court of Appeal, and proof of service to each party to the action or proceeding, and person requesting depublication.

(Subd (b) amended effective July 1, 1997.)

(c) [Action by Supreme Court] When a request for depublication is received by the Supreme Court pursuant to subdivision (a), the court shall either order the opinion depublished or deny the request. The court shall send notice of its action to the Court of Appeal, each party, and any person who has requested depublication.

(d) [Limitation] Nothing in this rule limits the court's power, on its own motion, to order an opinion depublished.

(e) [Effect of Supreme Court order for depublication] An order of the Supreme Court directing depublication of an opinion in the Official Reports shall not be deemed an expression of opinion of the Supreme Court of the correctness of the result reached by the decision or of any of the law set forth in the opinion.

Rule 979 amended effective July 1, 1997; adopted effective July 1, 1990.