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Depublication of California Cases

A brief California's practice of depublication and superseding by grant of review, with advice on finding out if your case has been depublished or superseded.

Using the Text of the Opinion

In print, in the official bound California Appellate Reports (Cal. App.) volumes

The opinion will be omitted, and the following statement will appear on the page where the opinion would have begun:

"Opinion (Plaintiff v. Defendant) on pages XXX-XXX omitted."

For review-granted cases, you will also see:

"REVIEW GRANTED."

For depublished cases, you will also see:

"Deleted on direction of Supreme Court…."

[In West's unofficial California Reporter there is no way to tell from the opinion text if your case has depublished or superseded by a grant of review.]

On the opinion text on Lexis Advance

Review-granted and depublished cases will both bear the Shepard's red stop sign.

Review-granted cases will also bear the notice:

NOT CITABLE—SUPERSEDED BY GRANT OF REVIEW.

Depublished cases will also bear the notice:

NOT CITABLE—ORDERED NOT PUBLISHED.

On the opinion text on Westlaw

Review-granted and depublished cases will both bear the KeyCite red flag.

Review-granted cases will also bear the notice:

"Review Granted and Opinion Superseded."

Depublished cases will also bear the notice:

"Ordered Not to be Officially Published.

Using the Appellate Courts Case Information Service

The California Courts' free Appellate Courts Case Information service will show whether a Court of Appeal opinion has been depublished or superseded by a grant of review.

The publication status is in the "Docket" portion of the information for a case.

For review-granted cases, the Docket will state:

"Petition for review granted…"

For depublished cases, the Docket will state either:

"Opinion decertified by Supreme Court order."

— or —

"The Reporter of Decisions is directed not to publish in the official Appellate Reports…"

Using Shepard's on Lexis

Shepardize the citation, e.g., 244 Cal. App. 4th 712.

The display will show the red "stop sign" and will state:

For review-granted cases, the display will state:

"Not Citable; Superseded by Grant of Review."

For depublished cases, the display will state:

"…ordered Not Published."

This information will be in the "Appellate History" section (Under "Subsequent") on the Lexis Advance Shepard's display.

Using KeyCite on Westlaw

KeyCite the citation, e.g., 240 Cal. App. 4th 1268. The display will show the red flag and will state:

Review-granted cases:

"Review Granted and Opinion Superseded."

Depublished cases:

"…ordered not to be officially published."

This information will be in the "Negative Treatment" tab.

Using "Subsequent History Tables" in Print

You can use these two print tools to find out if an opinion has been depublished or superseded by a grant of review.

  • California Official Reports, "advance sheets" (KFC 48 .A214 Law Stacks).
    Check the "Cumulative Subsequent History Table" near the end of the most recent paperback "advance sheet."

  • The "Case History Table" in the front of each "advance sheet" for West's California Reporter, Third Series (KFC 47 .C323 Law Stacks).

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