When is an opinion published and when is it unpublished. Does a litigant have any influence on this? Its a family law appeal on a judgment m...

Question

When is an opinion published and when is it unpublished. Does a litigant have any influence on this? Its a family law appeal on a judgment matter.

Answer

The Court of Appeal decides whether to publish an opinion, based on criteria set by law. Those criteria focus on how important the opinion might be to courts deciding other cases in the future.

If the Court of Appeal doesn't publish an opinion, anyone -- including third parties -- may file a request for publication, explaining why the case meets the formal criteria. That request will be forwarded to the California Supreme Court if the Court of Appeal denies it.

It is also possible to seek de-publication of a published opinion. That type of request may only be made to the Supreme Court.

Also, if the Supreme Court agrees to review a published decision, the order granting review automatically de-publishes it.

There are rules about how to do these things, as well as deadlines that must be met. You may want to discuss your options with an experienced appellate attorney. You're welcome to contact me if you like; I'm a certified appellate specialist (per the State Bar's Board of Legal Specialization) with over 20 years of experience in the field.

Good luck.