Rule 12: Citation of Unpublished Opinions


Rule 12. Citation of Unpublished Opinions.

(a) A party is not required to furnish the court with a copy of an unpublished opinion if the unpublished opinion is available from an Internet-based electronic database (e.g., Westlaw or Lexis) and if the citation to the unpublished case includes both the appropriate citation to the electronic database and the information required by paragraph (b) of this Rule. The party citing an unpublished opinion shall, within five (5) days of a written request, provide a copy of the unpublished opinion to any other party. In the event an unpublished opinion cited by a party is not available from an Internet-based electronic database, a copy of the unpublished opinion, with the notation required by paragraph (b) of this Rule, shall be furnished to the court and all other parties by attaching it to the document in which it is cited.

(b) The citation to any unpublished decision relied on by a party, as well as the title page of any copy of a decision for which an electronic database citation is not available, shall contain either a notation that no appeal has been filed or a notation of the date and manner in which the application for permission to appeal has been decided. Where appropriate, this shall include a notation that an appeal has been applied for but has not been decided.

[Amendment adopted effective June 17, 2015, filed July 10, 2015].

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