If a jurisdiction restricts citing unpublished opinions, what should you do when relying on them?

• A. Cite them only if allowed and with caution; follow jurisdiction rules.
• B. Never cite unpublished opinions.
• C. Always cite unpublished opinions as controlling.
• D. Cite them as if published.

Answer: (A)

When a jurisdiction restricts citing unpublished opinions, your use of them must align with those rules. If the rules permit citing an unpublished opinion, you may include it, but do so with caution and clearly note that it is unpublished and does not carry binding precedential weight. Always verify the local citation rules, confirm the opinion’s current status (whether it remains good law or has been overruled or vacated), and ensure it was publicly available. If the rules prohibit citing unpublished opinions, do not cite them at all. This approach explains why the recommended practice is to cite unpublished material only when allowed and with proper caveats, rather than treating them as published, controlling authority.