Rule 8.1105. Publication of appellate opinions
(a) Supreme Court
All opinions of the Supreme Court are published in the Official Reports.
(b) Courts of Appeal and appellate divisions
Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court.
(Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.)
(c) Standards for certification
An opinion of a Court of Appeal or a superior court appellate division-whether it affirms or reverses a trial court order or judgment-should be certified for publication in the Official Reports if the opinion:
(1)Establishes a new rule of law;
(2)Applies an existing rule of law to a set of facts significantly different from those stated in published opinions;
(3)Modifies, explains, or criticizes with reasons given, an existing rule of law;
(4)Advances a new interpretation, clarification, criticism, or construction of a provision of a constitution, statute, ordinance, or court rule;
(5)Addresses or creates an apparent conflict in the law;
(6)Involves a legal issue of continuing public interest;
(7)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;
(8)Invokes a previously overlooked rule of law, or reaffirms a principle of law not applied in a recently reported decision; or
(9)Is accompanied by a separate opinion concurring or dissenting on a legal issue, and publication of the majority and separate opinions would make a significant contribution to the development of the law.
(Subd (c) amended effective April 1, 2007; previously amended effective January 1, 2007.)
(d) Factors not to be considered
Factors such as the workload of the court, or the potential embarrassment of a litigant, lawyer, judge, or other person should not affect the determination of whether to publish an opinion.
(Subd (d) adopted effective April 1, 2007.)
(e) Changes in publication status
(1)Unless otherwise ordered under (2):
(A)An opinion is no longer considered published if the rendering court grants rehearing.
(B)Grant of review by the Supreme Court of a decision by the Court of Appeal does not affect the appellate court's certification of the opinion for full or partial publication under rule 8.1105(b) or rule 8.1110, but any such Court of Appeal opinion, whether officially published in hard copy or electronically, must be accompanied by a prominent notation advising that review by the Supreme Court has been granted.
(2)The Supreme Court may order that an opinion certified for publication is not to be published or that an opinion not certified is to be published. The Supreme Court may also order depublication of part of an opinion at any time after granting review.
(Subd (e) amended effective July 1, 2016; adopted as subd (d) previously relettered as subd (e) effective April 1, 2007.)
(1)Computer versions of all opinions of the Supreme Court and Courts of Appeal must be provided to the Reporter of Decisions on the day of filing. Opinions of superior court appellate divisions certified for publication must be provided as prescribed in rule 8.887.
(2)The Reporter of Decisions must edit opinions for publication as directed by the Supreme Court. The Reporter of Decisions must submit edited opinions to the courts for examination, correction, and approval before finalization for the Official Reports.
(Subd (f) amended effective July 1, 2009; adopted as subd (e); previously amended effective January 1, 2007; previously relettered effective April 1, 2007.)
Rule 8.1105 amended effective July 1, 2016; repealed and adopted as rule 976 effective January 1, 2005; previously amended and renumbered effective January 1, 2007; previously amended effective April 1, 2007, July 23, 2008, and July 1, 2009.
Subdivision (e)(2). This subdivision allows the Supreme Court to order depublication of an opinion that is under review by that court.