Referring to unpublished court cases in Washington: an explanation of lawyers and court cases

Unpublished Washington's view – is in Washington to solve legal cases, which are not published in the Washington appellate reports. Most law making in Washington remain unpublished, which makes a huge source of unpublished opinion persuasive powers. The litigation and the lawyers in the state of Washington for many years suffered from confusion as to when and if they can refer to unpublished opinion of the case to the court of the state. This material is aimed at resolving the confusion.

1. A source of confusion and anxiety. Confusion should be the rule of Appeals in Washington level, prohibiting lead unpublished opinion of the level of appeal to the courts of the State of Washington. Courts in Washington differently interpreted this rule at the level of appeal. Some courts have conducted judicial proceedings never Washington lead unpublished opinion in any process of the state of Washington, including litigation; other courts, which were carried out in the trials could invoke Washington unpublished cases of all types in all the processes that are not of the & # 39 are the appellate level, for example, in litigation. shares the discrepancy caused in lawsuits considerable uncertainty and anxiety.

In late 2007 and early 2008, the excitement rose to perhaps the highest. In September 2007, the general rule 14.1 prohibited to refer to unpublished opinion of the level of appeal in any court of the state, including the courts. But the point of the Supreme Court of Washington 2008 Oltman v. holland America163 Wn.2d 236 supported trial treatment trial with unpublished considerations. The general rule of the Supreme Court and tried to do the same question, but seemingly contradictory directions.

2. Current regulations permit confusion and anxiety. Fortunately, the general rule in 2007 and the Supreme Court in 2008 simply to agree. The Supreme Court in 2008 adopted a law specifically applying to the period prior to the general rule in 2007. Thus, the general rule in 2007, most likely determines where conflict may occur otherwise. The general rule in 2007 and the subsequent case law give us the following cohesive principles:

A. No citation unpublished conclusion of Appeal level in Washington. Firstly, the general rule 14.1 (a) prohibits the parties to refer to an unpublished opinion in Washington, levels of appeal under consideration in Washington. Kamentatsyi official compilers of documents confirming that it is a general rule forbids quoting Washington cases at the appellate level, in any court in Washington, including the courts of the judicial level.

B. Good to bring unpublished opinion of other tribunals in Washington. It seems that in Washington there is no prohibition on the citation of unpublished opinions of other courts in Washington, such as the high courts of Washington State and district courts. Notes compilers, which are taken from the general rule 14.1, confirm this view, as well as holding Oltman v. holland America.

S. Can result in foreign unpublished cases where they can bring in a foreign jurisdiction. Unpublished opinions jurisdictions outside of Washington can be brought in the courts of Washington in the same degree to which they could refer to the jurisdiction where they came from. As stated in the General Rules 14.1 (b) of Washington, for consideration and presentation of copies of foreign affairs in the trial court is required to file a conversation with the reference to the foreign unpublished case to the judge and other court officers could read the case in advance.

These three principles can be somewhat complicated. But, at least, lawyers and bailiffs may finally with relative certainty determine what unpublished views of the parties can and can not rely on a court judge.

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