22. What are the bases for determination of whether a decision will be published?
Rules 976 and 976.1, CRC, set forth the bases for evaluating whether an intermediate appellate court opinion should be published, in full or in part. Factors the court is required to consider include whether the opinion:
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;
resolves or creates an apparent conflict in the law;
involves a legal issue of continuing public interest; or
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.
