Can unpublished opinions be cited or used as precedent?

In the context of legal analysis, the correct understanding of the citation of unpublished opinions hinges on the rules established by various jurisdictions. Generally, unpublished opinions are not given the same weight as published opinions due to concerns regarding their precedential value.

Most jurisdictions have rules that restrict the citation of unpublished opinions in legal arguments or court proceedings. This stems from the idea that unpublished decisions have not undergone rigorous scrutiny and are often seen as less reliable, as they may not represent a definitive interpretation of the law. While some jurisdictions allow limited citation of unpublished opinions under specific circumstances, such as when the opinion addresses an issue that has not been previously decided or provides a persuasive argument, they typically do not possess the authority of published opinions.

Therefore, the prevailing rule that unpublished opinions cannot be cited or relied upon as legal precedent aligns with the standards of legal practice, affirming that these opinions lack the formal recognition necessary for widespread citation.