Proposed Change in Civil Rule for Citation of Unpublished Decisions

The Kentucky Supreme Court has proposed an Amendment to the Kentucky Rules of Civil Procedure regarding the citation of unpublished decisions, as follows:

The proposed amendments to section (4)(c) of CR 76.28 are:

(c) Opinions that are not to be published shall not be cited or used as [authority] binding precedent in any other case in any court of this state, however such unpublished decisions rendered after January 1, 2003, may be cited for consideration by the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed documents and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.

This rule change, among others, will be considered in an open session on Wednesday, June 14, 2006, at 9:30 a.m., in connection with the KBA Annual Meeting. The hearing will occur in ballroom (A-E) at the Northern Kentucky Convention Center in Covington.

It is important to emember that this is a proposed rule change. Only after discussion and reconsideration by the court will a new rule be finally adopted. In the interim, citiation to unpublished opinions continues to be improper.