New PA Rule 126 will allow citation to non-precedential opinions

Filed under: News by Steven F. Fairlie @ March 4, 2019

For some unknown reason Pennsylvania’s courts have refused to allow litigants to cite to the majority of Superior Court and Commonwealth Court decisions – those that were designated as non-precedential.  This could be maddening if you found a case directly on point with the issue in your case.  You’re holding the answer in your hand.  But you’re not permitted to bring it to the Court’s attention.  It’s been reported that 94% of the Pennsylvania Superior Court’s opinions in 2016 were non-precedential.  Finally, this rule will change – effective May 1, 2019.  After that date all Superior Court opinions authored from that date forward may be cited.  All Commonwealth Court opinions since January 15, 2008 may be cited after May 1, 2019.  This is tremendous progress and will help lend clarity in the law to litigants moving forward.

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