Under Washington State Court Rules, may a party to a lawsuit cite as authority an unpublished appellate court opinion? Here’s my point of view.
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CITATION TO UNPUBLISHED OPINIONS — GR 14.1
In the legal world, not all opinions are created equal—especially when it comes to citing them in court. Washington’s General Rule (GR) 14.1* outlines how lawyers and judges can (and can’t) use unpublished opinions, both from Washington and other jurisdictions. The relevant rule states as follows:
GR 14.1
CITATION TO UNPUBLISHED OPINIONS
(a) Washington Court of Appeals. Unpublished opinions of the Court of Appeals are those opinions not published in the Washington Appellate Reports. Unpublished opinions of the Court of Appeals have no precedential value and are not binding on any court. However, unpublished opinions of the Court of Appeals filed on or after March 1, 2013, may be cited as nonbinding authorities, if identified as such by the citing party, and may be accorded such persuasive value as the court deems appropriate.
(b) Other Jurisdictions. A party may cite as an authority an opinion designated “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like that has been issued by any court from a jurisdiction other than Washington state, only if citation to that opinion is permitted under the law of the jurisdiction of the issuing court.
(c) Citation of Unpublished Opinions in Subsequent Opinions. Washington appellate courts should not, unless necessary for a reasoned decision, cite or discuss unpublished opinions in their opinions.
(d) Copies of Unpublished Opinions. The party citing an unpublished opinion from a jurisdiction other than Washington shall file and serve a copy of the opinion as an appendix to the pleading in which the authority is cited.
GR 14.1* (emphasis added). Here’s a quick breakdown of what this rule means.
What Are Unpublished Opinions?
In Washington, unpublished opinions from the Court of Appeals are those that aren’t published in the official Washington Appellate Reports. Traditionally, these opinions don’t carry any precedential weight, meaning they aren’t binding on future cases.
Can They Be Cited?
Yes, but with conditions. If the unpublished opinion was filed on or after March 1, 2013, it can be cited—but only as nonbinding authority. The person citing it must clearly label it as such. Courts may consider the opinion’s reasoning persuasive, but they’re not required to follow it.
What About Opinions from Other States?
Washington courts will accept citations to unpublished or non-precedential opinions from other jurisdictions only if the rules of that jurisdiction allow it. So, it’s important to check the laws of the originating court before citing.
Washington Courts Using Unpublished Opinions
Interestingly, Washington appellate courts generally avoid citing unpublished opinions themselves. They’re encouraged to do so only when it’s necessary for making a well-reasoned decision.
One Last Requirement
If you’re citing an unpublished opinion from outside Washington, you’ll need to include a copy of it as an appendix to your filing and properly serve the same. This ensures everyone involved has access to the full context of the case.
FINAL THOUGHTS
GR 14.1 strikes a balance: it allows legal professionals to reference unpublished opinions without giving them undue weight. It opens the door to persuasive arguments while preserving the integrity of Washington’s published case law.
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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.