How to cite an unpublished legal opinion?

Asked by: Yvonne Durgan  |  Last update: March 28, 2026
Score: 4.7/5 (45 votes)

To cite an unpublished legal opinion, use the case name, docket number, court, and exact date, plus a database identifier (like Westlaw's WL or Lexis's LEXIS) if available, following Bluebook rules (Rule 10.8.1) with elements like Case Name, No. [Docket Number], [Database Identifier] (Court Date). Always provide a copy if requested, and ensure you follow specific court rules, as some jurisdictions discourage citing them altogether unless necessary.

How to cite an unpublished court opinion?

(a) Unpublished opinion

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.

How to cite an unreported decision?

Unreported Decisions

A case is considered unreported if it has no neutral citation and has not been published in a print reporter or electronic service. Format: Style of Cause (date), judicial district | docket number (jurisdiction and court).

How to cite a legal opinion?

Case citations generally includes the case name, followed by the reporter volume, the reporter abbreviation, the first page of the case, the specific page for the cited material, and the court abbreviation and date in parentheses (unless the court name is obvious from the reporter abbreviation).

Can you cite unpublished 9th circuit opinions?

The Ninth Circuit Rule 36-3(b) states: "Unpublished dispositions and orders of this Court issued on or after January 1, 2007, may be cited to the courts of this circuit in accordance with FRAP 32.1." This rule aligns with FRAP 32.1.

How Do I Cite Unpublished Works? - Law School Prep Hub

24 related questions found

What does it mean if a court opinion is unpublished?

Unpublished or "non-citable" opinions are opinions that are not certified for publication in Official Reports and generally may not be cited or relied on by other courts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).

Is Lucy Koh still a judge?

Yes, Judge Lucy Koh is still a judge; she currently serves as a U.S. Circuit Judge on the Ninth Circuit Court of Appeals, a lifetime appointment she received in December 2021 after being nominated by President Biden and confirmed by the Senate, making her the first Korean-American woman to serve on a federal appellate court. 

Do opinions require citation?

In general, if it's your words, your opinion, your photo, or your graph, of course, you don't need to cite it. HOWEVER, if you are using information from one of your own previously published works (journal article, book chapter, etc.), you MUST cite it just as you would cite another author's work.

How to cite a Supreme Court case that hasn't been published yet?

When citing a Supreme Court case, you should cite the official Supreme Court reporter, United States Reports, unless the United States Reports volume containing the case has not yet been published. If the case you're citing has not yet been published, cite the United States Supreme Court Reports - Lawyers' Edition.

How to format a legal opinion?

Whether they call it IRAC (Issue, Rule, Application, Conclusion), CRAC (Conclusion, Rule, Application, Conclusion), or CREAC (Conclusion, Rule, Explanation, Application, Conclusion), all lawyers write in the same way: by laying out the issue to be discussed, the legal rule relevant to the issue, the analysis of the ...

How to cite something that is unpublished?

To create a reference list entry for an unpublished work, provide the author, date, title, and source, which is the standard pattern for APA Style references. For the date, provide the year the work was completed, the year the draft was written, or, for raw data, the year(s) the data were collected.

What is the difference between unpublished and unreported cases?

Unpublished = The court limits or prohibits citation and/or public release. Unreported = The case does not appear in a hard-copy reporter series (e.g., F. 3d, N.E.2d), regardless of citation limits.

How to cite an advocate general opinion?

When citing an opinion of an Advocate General, add the words 'Opinion of AG [name]' after the case citation and a comma, and before any pinpoint. Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák, paras 79–100.

How to cite a paper that isn't published yet?

Author(s) (Year). Title of manuscript. [Unpublished manuscript] or [Manuscript in preparation] or [Manuscript submitted for publication].

How to cite a dissenting opinion?

Parentheticals should always be used for citing concurring or dissenting opinions. Example: Parker v. Randolph, 442 U.S. 62, 84 (1979) (Stevens, J., dissenting).

How are unreported cases cited?

To cite an unreported case that is not available from a database and does not have a neutral citation, use the following form: style of cause, date of decision, judicial district, docket number, jurisdiction and court. Example: Stephenson v Stephenson (6 December 1984), Nanaimo 5920/004143 (BC SC).

What to cite if there is no publication date?

Provide the author, write “n.d.” for “no date,” and then provide the title and source. Author. (n.d.).

How to cite a Supreme Court opinion?

Citing court cases (decisions/opinions)

Include: title or name of the case. volume and page number of the court reporter, e.g. U.S.= United States Reports is the official source (reporter) of U.S. Supreme Court Opinions. Date of the decision.

What is the rule B10 2 in Bluebook?

Rule B10. 2 in The Bluebook covers basic short form for cases. If you are citing to the case that was cited in the immediately preceding citation, you must use an id. short form.

What are two things you do not need to cite?

What you don't need to cite

  • facts that are found in many sources (ex: Marie Antoinette was guillotined in 1793.)
  • things that are easily observed (ex: Many people talk on cellphones while driving.)
  • common sayings (ex: Every man has his price.)

How do I reference a legal opinion?

Citing court opinions (also known as "case citations")

  1. The abbreviated names of the main parties (the plaintiff or appellant versus the defendant or appellee)
  2. a number representing the volume of the "reporter" where the opinion is published.
  3. an abbreviation of the name of the "reporter"

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Why didn't Obama get to nominate a Supreme Court judge?

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