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Rule 452. Opinions, Publication and Citation (1982)


(a) Opinions to be brief. Opin­ions of the courts of appeals shall be as brief as practicable and yet dispose of every substantial issue raised and necessary to disposition of the appeal. Where the issues are clearly settled, the court shall write only a brief memorandum opinion, which should not be published.

(b) Standards for publication. An opinion by a court of appeals shall be published only if, in the judgment of the justices participating in the decision, it is one that (1) establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a novel fact situation likely to recur in future cases; (2) involves a legal issue of continuing public interest; (3) criticizes existing law; or (4) resolves an apparent conflict of authority.

(c) Concurring and dissenting opinions. A concurring or dissenting opinion may be published if, in the judgment of its author, it meets one of the criteria established in subdivision (b), but in such event the majority opinion shall be published as well.

(d) Determination to publish. The judges participating in the decision of a case shall determine, prior to the time it is issued, whether an opinion meets the criteria for pubishing, and if it does not meet the criteria for publication, the opinion shall be distributed only to the persons specified in Rule 456, but a copy may be furnished to any interested person.

(e) Upon the grant or refusal of an application for writ of error, whether by outright refusal or by refusal no reversible error, an opinion previously unpublished shall forthwith be released for publication, if the Supreme Court so orders.

(f) Citation of unpublished opinions. Unpublished opinions shall not be cited as authority by counsel or by a court.

Amended by order of April 15, 1982, eff. Aug. 15, 1982 : (a) is a rewrite of former rule; (b), (c), (d), (e), and (f) are new.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986
June 16, 1943, eff. Dec. 31, 1943