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NFP Decisions Cannot Be Cited - Or Can they? - Appellate Practice News

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Appellate Practice News

Posted on: Apr 22, 2015

This article was originally published on The Indiana Law Blog on September 10, 2014. You can read the original post in its entirety here.

By Joel Schumm, IU Robert H. McKinney School of Law

As noted in this post Friday afternoon, the Indiana Supreme Court rejected the Rules Committee’s proposed rule to allow citation of unpublished decisions as persuasive precedent. The proposal was advanced by three sections of the Indianapolis Bar Association and yours truly. The modest proposal, which would have maintained two classes of opinions (one binding and the other merely persuasive) was discussed in this April 21 post and this May 13 post. The Court instead made merely cosmetic changes to Appellate Rule 65, retaining the prohibition on citing “not-for-publication memorandum decisions,” which will simply be called “memorandum decisions” in 2015.

As no dissenting votes are noted, it seems unlikely the issue will resurface before passage of a few years and the retirements of at least two justices. So, what happens now?

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This article was written by Joel Schumm of the IU Robert H. McKinney School of Law. If you would like to submit content or write an article for the Appellate Practice Section page, please email Rachel Beachy at


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