Depublication of Appellate Opinions

Instead of granting review, the California Supreme Court may depublish a case. This procedure is set forth in California Rules of Court, rule 979.

There is no rule governing when the Supreme Court should order an opinion depublished. However, the Supreme Court typically will depublish a case when it disagrees with the result but does not want to grant review. There are many reasons why the Supreme Court might decide not to grant review, even though it disagrees with the result in a case. (See the discussion of How The California Supreme Court Decides Whether to Grant Review for a more complete discussion of these factors.)

A depublished case has no precedential value, although it is binding on the litigants themselves. (See California Rules of Court, rule 977.)


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