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Depublication of California Court of Appeal Decisions: ...Using Citators

This guide provides pertinent information regarding the rules for publication of appellate court opinions as well as information on how to determine whether a particular appellate case can be cited as legal authority.

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...Using Citators

Subsequent history information for Court of Appeal cases is available via the two citator services: Westlaw’s KeyCite and LexisNexis’ Shepard’s. These services are updated within hours of when a case appears online.

For superseded cases, Shepard’s indicates in its Publication Status section that the case is “Not Citable; Superseded by Grant of Review.” For decertified cases, Shepard’s indicates that the case is “Not Citable; Ordered Not Published.” A red stop sign also appears on the left-hand side of the Shepard’s screen for superseded or decertified cases, just above the Publication Status section.

For superseded cases, KeyCite states, “Not Officially Published” and “Review Granted and Opinion Superseded.” For decertified cases, KeyCite states, “Unpublished/noncitable” or “This case may not be cited” and “… ordered not to be officially published.” A red flag also appears at the top of the KeyCite screen for all decertified and superseded opinions.

Neither KeyCite nor Shepard’s gives partial publication information.

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