Legal Question in Civil Litigation in California
citing court opinions
California has a court Rule which says that you are prohibited from citing or relying on any unpublished opinion in any action or proceeding. Rule 977
I would like to know if this would stop a person from citing a Ca. Court of Appeals case in Minnesota. Same respondant is involved but not a criminal case.
Thank You for your response
4 Answers from Attorneys
Re: citing court opinions
Minnesota courts are not bound by California Rules of Court. They have their own rules.
Re: citing court opinions
The California Rules of Court do not apply to courts of other states. However, I believe every state forbids citations to unpublished opinions. Some states may make exceptions here and there, so you should check with a Minnesota lawyer to see whether the case might be citable there.
Re: citing court opinions
Probably not. It has no weight anywhere.
Re: citing court opinions
As I understand the rule in Minnesota, you can cite anything you want - but if it is an unpublished opinion, you have to provide the opposition with a copy of whatever you are citing. You have to provide a complete copy of the case either along with the document in which you cite it or within no less than 48 hours before you use it in court.
This is in Minnesota Statutes Sec. 480A.08. Strictly speaking this statute applies only to the MN court of appeals - but I bet any MN court would follow the rule with a CA case as well.
Good luck.
I should comment that I am not sure how seriously a MN judge would take a case from CA. There is an adage that you can find a California case to support almost any proposition. They have lots and lots of decisions to choose from, and besides that they're a little nuts.
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