8-5. What does it mean if a decision is certified for publication or designated "not for publication"?

Rules 8.1100 through 8.1120 contain the standards for publishing appellate court opinions.

A. The Court of Appeal decides cases by written opinion. Opinions are posted on the court's website throughout the day, usually within hours of filing. All the court's opinions are public documents,

B. Published Opinions.

1) The same justices who decided an appeal also decide whether the opinion should be certified for publication. Published opinions may be immediately cited as legal precedent from the date of issuance, even though they generally do not become final for another 30 days. (Rule 8.1115(d).)

2) Published opinions are posted here for 120 days after issuance. After 120 days, they are available here for personal use on the searchable Official Reports page, which is updated monthly.

3) Under newly adopted standards (effective April 2007), the panel should publish an opinion where it: (1) establishes a new rule of law, (2) applies an existing rule of law to significantly different facts, (3) or modifies, explains or criticizes an existing rule, (4) advances a new interpretation of a constitution or statute, (5) addresses a legal conflict, (6) involves an issue of continuing public interest, (7) makes a significant contribution to legal literature, (8) invokes a previously overlooked rule of law, or (9) is accompanied by a concurrence or dissent on a legal issue, where publication of both would make a substantial contribution to the development of the law. (See Rule 8.1105(c).)

C. Unpublished Opinions.

1) Unpublished opinions are posted here for 60 days to inform the public about the court's work. Unpublished opinions cannot be cited as authority in any other action or proceeding except in very limited circumstances. (Rule 8.1115.)

2) Any person (whether or not a party to the appeal) may request publication of an unpublished opinion. This request must be made by letter to the deciding justices, with a reasoned explanation. The letter must be filed and served within 20 days after the opinion is filed. (Rule 8.1120(a).) File an original with the court, with a proof of service on all parties to the appeal.

D. You should periodically check recently issued opinions to determine any changes in publication status because of petitions for rehearing, petitions for review, or requests to publish or depublish all or part of an opinion. (See Rule 8.1105(d).)