Monday, February 16, 2026

Proposed amendments to CRC 8.1115, 8.1125

The Supreme Court has issued an invitation to comment on amendments to rules 8.1116 and 8.1125:

The amendments would:
(1) allow unpublished appellate opinions to be cited for certain purposes in addition to those presently allowed under rule 8.1115(b);
(2) remove language from rule 8.1115(e)(2) providing for the restoration of the precedential status of a Court of Appeal opinion in a review-granted case that has been “held” for another review-granted matter immediately upon the Supreme Court’s decision on review in the “lead” case;
(3) incorporate within rule 8.1115 principles presently articulated only in that rule’s comment regarding the citation and precedential status of published Court of Appeal opinions when review is pending before the Supreme Court, or after a decision on review by the court; and
(4) add to those who must be served with a request for depublication in the Supreme Court (see rule 8.1125(a)(5)) any person who had successfully requested that the authoring court certify the opinion for publication.

All comments must be emailed to the court at CSC2026-Comments@jud.ca.gov no later than Wednesday, March 25, 2026.