M.C. Sungaila in the Daily Journal: High Court Shifts on Depublishing

06/03/2016

Lawyers on Wednesday applauded a decision by the state Supreme Court to abolish the depublication of lower California appellate opinions once they have been granted high court review.

Effective July 1, the decision ends a practice that began more than 110 years ago. The state Supreme Court began automatic depublication in 1905, and the practice became part of the California Rules of Court in 1964. ...

Mary-Christine Sungaila, an appellate partner at Haynes and Boone LLP in Costa Mesa, said Wednesday's decision represents a "sea change in California law," bringing the state "in-step with every other state and federal jurisdiction."

She cautioned, however, that "lawyers will need to be extremely careful to determine the status of any particular published intermediate appellate decision before citing it, and may consider this another reason to consult an appellate expert."

Excerpted from the Daily Journal. To read the full article, please click here (subscription required).

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