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Monday, April 11, 2011
Ind. Courts - What about NFP opinions?
The Indiana Court of Appeals does not "publish" all of its opinions. Appellate Rule 65(A) sets out the criteria for publication. 65(D) provides that:
Unless later designated for publication, a not-for-publication memorandum decision shall not be regarded as precedent and shall not be cited to any court except by the parties to the case to establish res judicata, collateral estoppel, or law of the case.Should Rule 65 be changed, and if so, how? A Task Force of the Appellate Practice Section of the ISBA is currently looking into the issue. One step it took was to poll members of the ISBA on their thoughts about changing the NFP Rule. Another was to research what other states have done.
A copy of the research memo is attached. I helped work on it, learned some new information, and got a better perspective on the issue. Take a look.
I have also had a chance to look at the many well-thought-out comments and observations of those you who participated in the bar survey. On behalf of the Task Force, I would be happy to collect additional comments and observations of those of you who are attorneys who did not take part in the ISBA survey, or who are not members of the ISBA. It would be helpful if you also would indicate whether/how published and NFP Court of Appeals opinions are important to your practice.
For background, see this Jan. 17, 2011 ILB entry.
Posted by Marcia Oddi on April 11, 2011 02:31 PM
Posted to Indiana Courts