Citation to Unpublished Opinions Committee Interim Report
Group: Wisconsin Court System
On January 6, 2009, the Supreme Court issued an order authorizing the citation of unpublished Court of Appeals opinions for their persuasive value. The rule amendment allows the citation of unpublished opinions issued on or after July 1, 2009, which are authored by a member of a three-judge panel or by a single judge. The rule excludes from citation per curiam opinions, memorandum opinions, summary disposition orders, and other orders. On March 12, 2009, the committee met and discussed the potential impact of the rule amendment. Supreme Court Justice David Prosser Jr. facilitated discussion of issues including accessibility to unpublished opinions, potential consequences of the amendment, preparations that persons or organizations are making or should be considering pending the July 1, 2009 effective date of the rule, whether judges will cite unpublished opinions, what data should be gathered to analyze the impact of the rule, and methods by which the committee could measure the impact of the rule. Justice Prosser reviewed the draft minutes of the March meeting and asked that the minutes be revised, amplified, and transformed into an interim report. The report will serve as a reference and guide for the review of the rule's impact.
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