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NOTICE THIS DECISION DOES NOT CREATE LEGAL PRECEDENT and M AY NOT BE CITED EXCEPT as AUTHORIZED by APPLICABLE RULES Appeals2 Az Form
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People also ask
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Are unpublished opinions not binding precedent in this circuit?
Notice: Eleventh Circuit Rule 36-2 States That Unpublished Opinions Are Not Considered Binding Precedent. They May Be Cited As Persuasive Authority, Provided That a Copy of the Unpublished Opinion is Attached to or Incorporated Within the Brief, Petition or Motion.
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Can an unpublished opinion be cited?
Unpublished or "non-citable" opinions are opinions that are not certified for publication in Official Reports and generally may not be cited or relied on by other courts or parties in other actions (see California Rules of Court, rule 8.1115).
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What are two factors that the court looks at to determine whether or not a precedent should be overruled?
(to determine whether to depart from stare decisis, an appellate court applies the following factors: whether the prior decision is unworkable or poorly reasoned, any intervening events, the reasonable expectations of servicemembers, and the risk of undermining public confidence in the law; and the party requesting ...
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Does an unpublished opinion have no precedential value?
With limited exceptions, unpublished opinions lack precedential value. Thus, other courts (and even subsequent panels of the issuing court) generally are not bound to follow the rulings in these decisions.
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Can unpublished opinions never be cited or used as precedent True or false?
The majority of Court of Appeal opinions are not certified for publication and are thus not published in the Official Reports. These opinions are known as "unpublished"; they generally cannot be cited or relied upon in other cases (see California Rules of Court, rule 8.1115).
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Can unpublished opinions never be cited or used as precedent?
Citation of opinions. Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.
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