Quote unpublished case in Washington Court: explanation of attorney and lawyer

Undisclosed Washington's opinion is a judgment of Washington's law case not listed in the Washington Senior Action Report. The majority of Washington's legal decisions have not been announced yet, unpublished opinions constitute a persuasive enormous source of information. For years, Washington state lawyers and lawyers have been confused as to whether or not they could quote an undisclosed opinion to the state court, and at that point in time. This article explains how to solve this confusion.

1. Sources of confusion and anxiety. This confusion arises from the Washington Court of Appeals rulings prohibiting citation of an appeal court level opinion not appealed to the Washington Court of Appeals court. The Washington state court interpreted this senior level rule in a different way. To the court that filed the lawsuit, never Quoted the unannounced Washington opinion in Washington State Proceedings, including trials. Other courts may cite all kinds of undisclosed Washington cases in all lawsuits that have not filed lawsuits, such as trials. Differences in holdings brought considerable uncertainty and concern to litigants.

Anxiety probably rose to the highest point in late 2007 and early 2008. In September 2007, General Rule 14.1 prohibited the citation of an unexamined appellate court level opinion to any court, including a court of law in the state. However, in case of Washington State Supreme Court 2008 Oltman v. Holland America, 163 Wn. 2 d 236 submitted a subpoena of undisclosed opinion to the court. Principles and the Supreme Court tried to address the same problem, but at first glance gave contradictory guidelines.

2. Current rules to resolve confusion and anxiety. Thankfully, the general rule of 2007 and the possession of the Supreme Court of 2008 are pretty simple to harmonize. In 2008 the Supreme Court applied the law specifically from the period preceding the general principle of 2007. Therefore, the general principles of 2007 are most likely to dominate places where there is a possibility of conflict otherwise. The general rules of 2007 and the subsequent case laws provide us with the following cohesion principles:

A. There is no quotation from Washington's appeal trial appeal trial. First, General Rule 14.1 (a) explicitly prohibits parties from quoting unpublished Washington upper court opinion in the Washington Proceedings. The official drafter's comment confirms that this general principle prohibits the citation of litigation-level Washington case to any court in Washington, including court-level courts.

B. Even quoting unpublished opinions from other courts in Washington. There seems to be no prohibition in Washington against quoting undisclosed comments from other Washington courts, such as the Washington State High Court and District Court. A memo of the draftmaster of General Rule 14.1 supports this assumption. Oltman v. Holland America.

C. If you can quote them in a foreign jurisdiction, you can cite foreign unpublished incidents. Unpublic opinions from jurisdictions other than Washington can be cited in Washington's court to the same extent as cited in the jurisdictional area. As stated in General Rule 14.1 (b) of Washington, a litigation official who is suing a foreign unlawful action filed a lawsuit, and judges and other litigants view the lawsuit in advance It is necessary to be able to do.

These three principles may be somewhat complicated. However, at the very least, attorneys and litigation personnel can finally judge relatively reliably whether or not the parties can not cite unexamined opinion to the trial judge.

Related Photos