Tuesday, May 30, 2006
Recently, Michael Wein authored an article in the Daily Record (subscription) entitled "Should Maryland adopt the new federal rule permitting unpublished cases to be cited as persuasive authority?" The article discusses the new Proposed Federal Rule of Appellate Procedure 32.1 which would permit the citation of unreported opinions--making these opinions, in effect, of persuasive authority. Wein argues that Maryland should follow suit in permitting unreported opinions to be cited, if not for precedential authority, than at least for persuasive authority. Maryland Rule 1-104 currently provides that an unreported opinion "is neither precedent...nor persuasive authority." The Maryland Judiciary maintains a list of unreported opinions.