Important Rule Change: Courts May Consider Unpublished Appellate Decisions

Beginning September 1 of 2016, Washington courts may choose to consider unpublished opinions of the Court of Appeals.  While such opinions would still be nonbinding, amendments to GR 14.1 would allow them to be “accorded such persuasive value as the court deems appropriate” – provided the citing party identifies the decision as unpublished and appends a copy to the pleading.  The proposed amendment and rationale can be read here – along with comments received regarding the changes.  The adopted rule may be found here.

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