A depublished opinion is a court’s written explanation of its decision in a case, but it has been excluded from official reports. As a result, it cannot be used as a reference for future cases. It should not be confused with an unpublished opinion, which is not intended to be cited as legal authority and is only binding on the parties involved in the particular case. Typically, a depublished opinion is removed by a higher court.
A depublished opinion is a written statement by an intermediate appellate court explaining its decision in a given case that has been removed from the official reports, particularly by the highest court. It is no longer considered a valid legal precedent and cannot be cited as authority in future cases. If a court of appeals issues an opinion in a case, but the Supreme Court later decides to depublish it, the opinion will no longer be part of the official record and cannot be used as a legal reference in other cases. This means that the depublished opinion has lost its legal weight and cannot be relied upon as a precedent for future cases. It is important to note that depublished opinions are different from unpublished opinions, which are opinions that the court has specifically designated as not for publication and are not considered legal precedent.
A depublished opinion refers to a court decision that has been removed from official legal records and is no longer considered binding precedent.
Opinions are typically depublished when the court believes that the decision was incorrect, inconsistent with existing law, or based on flawed reasoning. Depublication is a way to prevent the opinion from being cited as legal authority in future cases.
No, a depublished opinion cannot be cited as legal authority in subsequent cases. It is essentially stripped of its precedential value and cannot be relied upon to support legal arguments.
You can check the official records of the court or consult legal databases that provide information on depublished opinions. Additionally, legal professionals and researchers may be able to provide guidance on locating depublished opinions.
In some cases, a depublished opinion can be reinstated if the court determines that it was wrongly depublished. However, this is a rare occurrence and typically requires a formal request and a strong justification for reinstatement.
No, depublishing an opinion does not erase it from legal history. While it may no longer be considered binding precedent, the opinion may still be accessible in legal archives and can be studied for historical or academic purposes.
No, a depublished opinion cannot be used to challenge a lower court’s decision. Only published opinions or binding precedents can be relied upon to challenge or support legal arguments.
Not necessarily. While depublished opinions are often deemed incorrect or flawed by the court, there may be instances where an opinion is depublished for reasons unrelated to its legal analysis, such as procedural errors or changes in the law.
The weight given to a depublished opinion as persuasive authority in other jurisdictions varies. Some courts may consider it as persuasive, while others may disregard it completely. It is advisable to consult local legal professionals or research the specific jurisdiction’s approach to depublished opinions.
Yes, depublished opinions can still be cited in legal scholarship or law review articles for historical or academic purposes. However, they cannot be cited as binding authority or used to support legal arguments in court.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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- American Psychological Association (APA):Depublished Opinion. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/depublished-opinion/
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