To Publish or Not Publish

[Halfajap]

What is the determining factor in regards to publication?? Are there certain criteria that needs to be met within a case? Who decides whether something becomes a 'published opinion' vs. 'unpublished'? I guess I'm asking what the process is, more or less.. Anyone? Someone? Please??

[Mr. Knowitall]

Do you mean when a court decides whether or not to publish an appellate decision? The standards vary by state, but generally it's something along the lines of whether or not the decision establishes new law, alters or modifies existing law, applies a statute, law or rule to a new factual context, reaffirms a legal principle that hasn't recently been addressed, addresses a matter of public interest, criticizes an existing law or precedent, creates or resolves a conflict of authority, etc.