Citing of Unpublished Opinions Revised October 15, 1995 Where Court Rules Prohibit Such Usage August 6, 1994
It is ethically improper for a lawyer to cite to a court an unpublished opinion of that court or of another court where the forum court has a specific rule prohibiting any reference in briefs to an opinion that has been marked, by the issuing court, "not for publication." On the other hand, there is no violation if a lawyer cites an unpublished opinion from another jurisdiction in a jurisdiction that does not have such a ban.
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