WSR 16-13-025
RULES OF COURT
STATE SUPREME COURT
[June 2, 2016]
IN THE MATTER OF THE PROPOSED AMENDMENT TO GR 14.1—CITATION TO UNPUBLISHED OPINIONS—AND PROPOSED AMENDMENT TO RAP 13.4(B)—CONSIDERATIONS GOVERNING ACCEPTANCE OF REVIEW
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ORDER
NO. 25700-A-1150
The Court having considered the proposed amendment to GR 14.1—Citation to Unpublished Opinions—and proposed amendment to RAP 13.4(b)—Considerations Governing Acceptance of Review, and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the new rules as shown below are adopted.
(b) That the new rules will be published in the Washington Reports and will become effective September 1, 2016.
DATED at Olympia, Washington this 2nd day of June, 2016.
 
 
Madsen, C.J.
Johnson, J.
 
 
 
 
Gonzalez, J.
Fairhurst, J.
 
Gordon McCloud, J.
 
 
Yu, J.
I dissent
Wiggins, J.
Stephens, J.
Owens, J.
PROPOSED AMENDMENT TO GR 14.1
CITATION TO UNPUBLISHED OPINIONS
(a) Washington Court of Appeals. A party may not cite as an authority an unpublished opinion of the Court of Appeals. Unpublished opinions of the Court of Appeals are those opinions not published in the Washington Appellate Reports.
Unpublished opinions of the Court of Appeals have no precedential value and are not binding upon any court. However, unpublished opinions of the Court of Appeals filed on or after March 1, 2013, may be cited as non-binding authorities, if identified as such by the citing party, and may be accorded such persuasive value as the court deems appropriate.
(b) Other Jurisdictions. A party may cite as an authority an opinion designated "unpublished," "not for publication," "non-precedential," "not precedent," or the like that has been issued by any court from a jurisdiction other than Washington state, only if citation to that opinion is permitted under the law of the jurisdiction of the issuing court. The party citing the opinion shall file and serve a copy of the opinion with the brief or other paper in which the opinion is cited.
(c) Citation of Unpublished Opinions in Subsequent Opinions. Washington appellate courts should not, unless necessary for a reasoned decision, cite or discuss unpublished opinions in their opinions.
(d) Copies of Unpublished Opinions. The party citing an unpublished opinion from a jurisdiction other than Washington shall file and serve a copy of the opinion as an appendix to the pleading in which the authority is cited.
[Adopted effective September 1, 2007.]
COMMENT
RCW 2.06.040 provides that all cases having precedential value shall be published as opinions of the court. The statute further provides that each panel shall determine whether a decision has sufficient precedential value to be published, and those which do not shall not be published.
PROPOSED AMENDMENT TO RAP 13.4(b)
Considerations Governing Acceptance of Review
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(2) If the decision of the Court of Appeals is in conflict with another a published decision of the Court of Appeals; or
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Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.