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Supreme Court rarely gives Court of Appeal opinions precedential effect pending review

Under a 2016 rule change, a Supreme Court grant of review no longer automatically depublishes a published Court of Appeal opinion in the case. The grant of review, however, does still eliminate the opinion’s “binding or precedential effect,” leaving the opinion citable only “for potentially persuasive value.” (Rule 8.1115(e)(1).) Unless the Supreme Court orders “otherwise,” that is. And the court will sometimes do that.
Nov 18, 2020

Under a 2016 rule change, a Supreme Court grant of review no longer automatically depublishes a published Court of Appeal opinion in the case.  The grant of review, however, does still eliminate the opinion’s “binding or precedential effect,” leaving the opinion citable only “for potentially persuasive value.”  (Rule 8.1115(e)(1).)  Unless the Supreme Court orders “otherwise,” that is.  And the court will sometimes do that.