[WSBARP] Off Topic - Unpublished Decision with Wn. App cite

[scott at scottgthomaslaw.com]

I use the Wa. App. citation, and include a footnote with the appropriate GR disclosures in trial court briefs (I have never had to cite an unpublished opinion in the court of appeals.)  Local judges have told me that they like to see cites to unpublished cases that are on point or persuasive, although I am aware that some judges from other counties disagree with that practice.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Friday, April 29, 2022 8:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Off Topic - Unpublished Decision with Wn. App cite

 

Do you have a BlueBook, Jeff?  Mine is at my home office. I know it is dealt with in the cases section.

 

I think the identification of the case alerts the court that it is unpublished - and the one time I did this, I think I started the next sentence with, "Although this opinion appears in an unpublished case, it is instructive . . ."   Something like that to alert the court that the opinion is persuasive, not precedent.

 

Lynn Clare

 

On Fri, Apr 29, 2022 at 8:49 AM <Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> > wrote:

Listmates,

 

I have run into this a couple of times.  A case has a Wn. App citation but in the body of the ruling it starts out saying “Unpublished Decision.”  Do I cite it as the Wn. App. cite or as unpublished with the reference to GR 14?

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC
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