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  1. #1
    Join Date
    Nov 2013
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    Default How to Use Unpublished Opinions

    My question involves court procedures for the state of: New Jersey.

    My question is how are you allowed to use (cite) unpublished opinions in writing a complaint?

    1:36-3. Unpublished Opinions
    No unpublished opinion shall constitute precedent or be binding upon any court. Except for appellate opinions not approved for publication that have been reported in an authorized administrative law reporter, and except to the extent required by res judicata, collateral estoppel, the single controversy doctrine or any other similar principle of law, no unpublished
    opinion shall be cited by any court. No unpublished opinion shall be cited to any court by counsel unless the court and all other parties are served with a copy of the opinion and of all contrary unpublished opinions known to counsel.
    Can you use them in the complaint (not an appeal)?
    Do you need to get permission of the superior court beforehand and how does one get that permission?
    Is Google Scholar considered an administrative law reporter?

    Does the rule mean that all you have to do is attach the full unpublished opinion and all contrary opinions to the complaint?

  2. #2
    Join Date
    Mar 2013
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    17,210

    Default Re: How to Use Unpublished Opinions

    Quote Quoting budwad
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    Can you use them in the complaint (not an appeal)?
    Based on that paragraph, you can if you want to.

    Quote Quoting budwad
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    Do you need to get permission of the superior court beforehand and how does one get that permission?
    Again, according to that paragraph you cited, you should not need permission.

    Quote Quoting budwad
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    Is Google Scholar considered an administrative law reporter?
    No. But each case does tell you where it's been reported.

    Quote Quoting budwad
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    Does the rule mean that all you have to do is attach the full unpublished opinion and all contrary opinions to the complaint?
    That would be my guess. But you'd be wasting your time citing a decision what was neither precedential nor binding while showing all the contradictory decisions that ARE precedential and binding. Besides, you'll also be wasting the judge's time.

    What are you trying to accomplish?

  3. #3
    Join Date
    Oct 2014
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    7,425

    Default Re: How to Use Unpublished Opinions

    Quote Quoting budwad
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    My question involves court procedures for the state of: New Jersey.
    Can you use them in the complaint (not an appeal)?
    Rare is it that you'll cite much case law in a complaint, much less an unpublished opinion. The primary purpose of the complaint is to set out the FACTS upon which the claim is based. See NJ Rule of Court 4:5-2, first sentence:

    4:5-2. Claim for Relief

    Except as may be more specifically provided by these rules in respect of specific actions, a pleading which sets forth a claim for relief, whether an original claim, counter-claim, cross-claim or third-party claim, shall contain a statement of the facts on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement.

    (Bolding added.) So what case opinion do you want to cite in the complaint and why?


    Quote Quoting budwad
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    Do you need to get permission of the superior court beforehand and how does one get that permission?
    You do not need the permission of the court ahead of time.

    Quote Quoting budwad
    View Post
    Is Google Scholar considered an administrative law reporter?
    No.

    Quote Quoting budwad
    View Post
    Does the rule mean that all you have to do is attach the full unpublished opinion and all contrary opinions to the complaint?
    Yes. But before you do that in the complaint, make sure it's appropriate to put in the complaint.

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