In Washington State, citing unpublished opinions in court proceedings is generally prohibited under General Rule (GR) 14.1. This rule restricts the use of unpublished opinions as legal precedent because they lack precedential value and are not binding on any court. Understanding why this prohibition exists and the limited exceptions to this rule is essential for attorneys and anyone navigating the legal system in Washington.
What Are Unpublished Opinions?
Unpublished opinions are decisions by the Washington Court of Appeals or other courts that are not selected for publication in official legal reports. These opinions often address case-specific facts without establishing broader legal principles. Because unpublished opinions do not go through the same rigorous editorial process as published opinions, they are not considered authoritative.
General Rule (GR) 14.1: Prohibition on Citing Unpublished Opinions
GR 14.1 governs the citation of unpublished opinions in Washington State courts. The rule states:
“Unpublished opinions of the Court of Appeals have no precedential value and are not binding upon any court. Except as provided in rule 10.4(h), unpublished opinions of the Court of Appeals should not be cited in any court of the State of Washington as authority” (GR 14.1).
The prohibition on citing unpublished opinions promotes judicial efficiency, consistency in the law, and fairness to litigants. Courts only allow published opinions to be used as legal precedent, ensuring that the legal system relies on well-established and thoroughly reviewed decisions.
Limited Exceptions Under RAP 10.4(h)
Although GR 14.1 broadly prohibits citing unpublished opinions, there are limited exceptions under RAP 10.4(h). The two main circumstances where unpublished opinions can be cited are:
- Law of the Case: If the unpublished opinion is from a prior appeal in the same case, it may be cited as part of the “law of the case.” This means that the opinion can guide the case on remand, but it does not hold precedential value beyond that case (RAP 10.4(h)).
- Persuasive Authority in Other Jurisdictions: If a jurisdiction outside Washington allows the citation of unpublished opinions, a Washington court may consider such opinions as persuasive authority, but they remain non-binding within the state (GR 14.1, RAP 10.4(h)).
Even under these limited exceptions, unpublished opinions still carry no binding legal authority in Washington courts, and their use remains rare.
Why Washington Prohibits the Use of Unpublished Opinions
There are several reasons why Washington State does not allow the citation of unpublished opinions:
- Judicial Efficiency: The courts handle numerous cases every year, and limiting citation to published opinionsstreamlines the legal process. Unpublished opinions are often specific to individual cases and lack the broader legal reasoning necessary to guide future decisions.
- Consistency in Precedent: Published opinions set legal precedent and help ensure that the law is applied consistently across cases. Using unpublished opinions could introduce inconsistencies, as they often do not establish firm legal principles.
- Fairness to Litigants: Allowing the use of unpublished opinions could create an uneven playing field for litigants. Unpublished opinions are not widely accessible, and one party may have access to opinions that the other does not. GR 14.1 ensures fairness by restricting the citation of such opinions.
Conclusion: Stick to Published Legal Authority
In Washington, unpublished opinions cannot be cited as legal authority in most cases due to GR 14.1. The rule ensures that only published opinions with precedential value guide the legal system, promoting fairness, judicial efficiency, and consistent application of the law. The limited exceptions under RAP 10.4(h) for the law of the case or persuasive authority in other jurisdictions do not extend precedential value to unpublished opinions.
For legal practitioners, this means focusing on published opinions when making legal arguments, as they hold the authoritative weight necessary in Washington courts.
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