Md. App. Ct. Citation to Unreported Opinions (2023)

Appellate Court of Maryland

Robert C. Murphy Courts of Appeal Building

361 Rowe Boulevard

Annapolis, Maryland 21401-1699

CITATION TO UNREPORTED OPINIONS

ON AND AFTER JULY 1, 2023

The citation to unreported opinions in Maryland courts is governed by Maryland Rule 1-104.

Following revision to Rule 1-104, effective July 1, 2023, parties will be permitted in certain

circumstances to cite unreported opinions of the Maryland appellate courts and of certain other

jurisdictions. The following summary is provided solely as an overview of the Rule and

should not be treated as a substitute for consultation with the Rule. Parties should consult

Rule 1-104.

- No citation for precedential value. An unreported opinion may not be cited for

precedential value within the rule of stare decisis;

- Where citation for persuasive value is permitted. An unreported opinion of the

Supreme Court of Maryland or the Appellate Court of Maryland issued on or after

July 1, 2023 may be cited for its persuasive value, but only if no reported authority

adequately addresses the issue before the court;

- Per curiam opinions may not be cited for precedential or persuasive value;

- Where citation of unpublished decisions of other jurisdictions is permitted. An

unreported or unpublished opinion, order, or other decision issued by a federal court

or by a court in a jurisdiction other than Maryland may be cited as persuasive

authority if the jurisdiction in which the opinion was issued would permit it to be

cited as persuasive authority or as precedent. The attached appendix contains a list

of jurisdictions that the Court understands currently permit citation of unreported

opinions for persuasive value; and

- Attachment. If a party cites an opinion, order, or decision that is not available in

a publicly accessible electronic database, the party shall attach a copy of the cited

document to the pleading, brief, or other paper in which the document is cited.

APPENDIX

Jurisdictions that Permit Citation to Unreported Opinions for Persuasive Value

All federal district and circuit courts

Appellate Courts in the States/Commonwealths of:

Alaska

Arizona

Delaware

Georgia

Hawaii

Iowa

Kansas

Kentucky

Louisiana

Massachusetts

Michigan

Minnesota

Nevada

New Hampshire

New Mexico

North Carolina

North Dakota

Ohio

Pennsylvania

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming