Class Action

Seeking successful depublication requests

By Kimberly A. Kralowec

I am always trying to figure out what types of arguments the California Supreme Court finds persuasive in deciding whether to depublish a Court of Appeal opinion under Rule of Court 8.1125. As we all know, depublication orders are quite rare. In fact, according to the 2008 Court Statistics Report - Statewide Caseload Trends, 1997-1998 to 2006-2007, recently published by the California Judicial Council, the Supreme Court granted only 19 depublication requests in 2007. (I suspect that most of these were in criminal cases, although I do not have statistics on that point.)

To that end, I am collecting copies of successful depublication requests. I've created a list of them over at my other blog, The Appellate Practitioner. So far, I only have two. If you have a copy of a successful depublication request that you are willing to share, please forward it to me at uclpractitioner@gmail.com and I will add it to the list. Then we can all review them and try to read the Supreme Court's tea leaves.

[Cross-posted to The Appellate Practitioner]

Full post as published by The UCL Practitioner on September 19, 2008 (boomark / email).