One problem with citing unreported cases is just what happened. You can't find
the case. I haven't practiced there for many years, so I don't know if this is
still true, but in Ohio the rule used to be that you could cite an unreported
case. However, you had to provide the judge and opposing counsel with copies
of the case.
I think that your firm should give the opposing councel grief about using an
unreported case without providing a copy.
--Bryan M. Carson
--
Bryan M. Carson, J.D., M.I.L.S.
Coordinator of Reference and Instructional Services
Western Kentucky University Libraries / Warren County Law Library
1 Big Red Way
Bowling Green, Kentucky 42101
Phone: 270-745-5007
Fax: 270-745-2275
bryan.carson@wku.edu
All original content copyright 2000 Bryan M. Carson
CPorter@kayescholer.com wrote:
> Dear Law-libbers-
>
> Thanks for all of the feedback. I think this is going to be a be job for
> the Managing Attorney's Office.
>
> Have a great weekend.
>
> Cassandra Porter
> Reference Librarian
> Kaye Scholer Fierman Hayes & Handler
>
> PS List of some helpful comments received:
>
> According to BNA's Directory of State and Federal Courts, the circuit
> courts are the trial courts of general jurisdiction in Michigan, and
> there are 57 of them, each representing one or more counties.
> Unreported cases do get used in briefs ... to illustrate a point, an
> argument, a decision in a similar fact pattern, etc. There's no real
> way to tell "why" without seeing it in context.
> Many courts have become more lenient about the citing of unreported
> decisions, and while they have no precedential value, they are sometimes
> used when there is no appellate decision on point, to show a particular
> line of reasoning, or when the same court is deciding a similar case.
> Actually, how unreported cases are treated varies from court to court by
> rule. And a most interesting development was within the last month, the
> 7th Circuit held that its own rule against citation to nonpublished
> cases to be unconstitutional!
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