How do you know if an opinion is unpublished?
Asked by: Dr. Rebecca Kohler DVM | Last update: February 19, 2026Score: 4.3/5 (32 votes)
You know an opinion is unpublished by looking for specific disclaimers on the document itself, like "Not for Publication" or "Not Citable," typically at the top or in the history; it also won't have a standard reporter citation (e.g., 123 F.3d 456) but a unique identifier (like a WL or Lexis number); and it's usually found on court websites under specific "unpublished" sections or via specialized legal databases like Westlaw/Lexis with search filters.
How to tell if an opinion is unpublished?
Display in LexisNexis: A notice is typically added to indicate the opinion is unpublished or not citable (with a possible exception involving the U.S. District Court); wording follows the court's phrasing.
Why are opinions unpublished?
An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. In the system of common law, each judicial decision becomes part of the body of law used in future decisions.
What does "unreported opinion" mean?
The term “reported opinion” generally refers to an opinion that has been included in the hardbound South Western Reporter, and the term “unreported opinion” generally refers to an opinion that has not been included in the South Western Reporter.
Is not reported the same as unpublished?
Unpublished or Unreported Opinions
Although "unpublished" and "unreported" are used interchangeably, there is, in fact, a slight distinction between the two terms. An unreported case is where: A case has not been published in a hard copy reporter series.
Appellate Tip of the Week: How to Tell Whether an Opinion Is Precedential
How to know if a case is reported or unreported?
The difference between reported and unreported cases
Reported cases are those judgments published in law reports. Cases that are published in law report series are those which deal with significant points of law or establish precedents.
What are the three types of opinions?
- Majority Opinion. The majority opinion is an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
- Concurring Opinion. ...
- Dissenting Opinion. ...
- About Appeals.
What's the difference between published and unpublished?
Generally, publication occurs on the date on which copies of the work are first made available to the public. Unpublished works are those which have not been distributed in any manner.
What is the difference between reportable and non-reportable?
Reportable judgments, it is argued, have precedential significance because they contribute to doctrinal development. Non-reportable judgments, by contrast, supposedly concern routine applications of established principles.
Can you cite to unpublished opinions in federal court?
Under FRAP 32.1(a), attorneys practicing in any court may freely cite to a federal judicial opinion or other written disposition that has been designated by the issuing court as “unpublished,” “not for publication,” “non-precedential,” “not precedent” or the like if the opinion was issued on or after January 1, 2007.
Which type of evidence is not admissible?
Hearsay: Second hand evidence obtained from a third party's experience, generally not admissible in criminal cases.
What does it mean when a judge writes an opinion?
The judge will explain the ruling in a written document referred to as an <opinion. = The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other.
What are the two types of precedence?
The two main types of precedence, particularly in law and project management, are Binding vs. Persuasive (legal) and Vertical vs. Horizontal (legal/stare decisis), alongside task dependencies like Finish-to-Start (project management). Legally, binding precedent must be followed, while persuasive precedent can be considered, whereas vertically, lower courts follow higher courts, and horizontally, courts follow their own past rulings. In project management, precedence defines task order, like tasks needing to finish before others start (Finish-to-Start).
How will I know if my case is dismissed?
To know if charges were dropped, check with your defense attorney first, then contact the courthouse or district attorney's office, use online court portals to search case records by name/number, or call the arresting police department, as the official record will show the case status as dismissed or closed. A dropped charge means you're no longer required for court, and any bail conditions are lifted.
What is the difference between published and unpublished opinions?
A published decision is generally a binding authority that must be followed by the court and the lower courts in its jurisdiction. Unpublished decisions are not binding authority. It is always best to cite to published decisions.
What are the three types of cases?
The three main types of legal cases are criminal, civil, and bankruptcy, with criminal cases further divided into infractions, misdemeanors, and felonies, while civil cases cover disputes like personal injury or contract issues. Other categorizations exist, such as crimes against persons, property, or society, or federal court case types like federal question or diversity of citizenship cases.
What is unreported judgement?
Unreported judgments are decisions of the courts that have not been published. An unreported case may be cited as an authority but it is better to use a case that has been reported in one of the authoritative law report series.
What are the two types of Judgement?
There are two types of judgments; judgments that are discriminating, and judgments that are evaluative. Judgments that are discriminating (i.e. I prefer X over Y) reflect personal preferences and subjective opinions.
What is a non-reportable incident?
A non-reportable accident is an event that: ✅ Does not result in death, hospitalization, amputation, or loss of an eye ✅ Requires only first aid treatment ✅ Does not involve loss of consciousness or work restrictions ✅ Is not directly work-related (e.g., pre-existing conditions aggravated offsite) While these incidents ...
What is an example of an unpublished document?
Some examples of unpublished sources may include manuscripts accepted for publication but still "in-press," data from an unpublished study, letters, manuscripts in preparation, memos, personal communications (including e-mails), and raw data.
How to tell if case is unpublished Lexis?
On LexisNexis, the publication status of a case is reflected at the top of the opinion and under the "Subsequent appellate history" heading in Shepard's. A red stop sign also appears on all uncertified, superseded and depublished opinions at the top of the screen.
What is meant by "unpublished"?
adjective. Britannica Dictionary definition of UNPUBLISHED. 1. : not prepared, printed, and sold as or as part of a book, magazine, newspaper, etc. an unpublished manuscript.
What are the four types of opinions that the court can issue?
There are several types of court opinions that are used depending on unanimity in opinions and how many justices agree or disagree. These include majority opinions, plurality opinions, concurring opinions, per curiam opinions, and dissenting opinions.
What does a judge's written opinion usually contains?
The opinion usually contains the following elements: name of the judge who wrote the opinion, statement of facts, the legal issues implicated, the court's rationale and holding, and dicta.
What counts as an opinion?
In casual use, the term opinion may be the result of a person's perspective, understanding, particular feelings, beliefs, and desires. Though not hard fact, collective opinions or professional opinions are defined as meeting a higher standard to substantiate the opinion.