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Court Rules

California Rules of Court

Rule 9.16.2. Requesting depublication of published State Bar Court opinion

Cal. Rules of Court, rule 9.16.2

Current text effective October 1, 2025.

#(a) Request

#(1) Any person may request the Supreme Court to order that an opinion certified for publication by the State Bar Court not be published.

#(2) The request must not be made as part of a petition for review, but by a separate letter to the Supreme Court not exceeding 10 pages.

#(3) The request must concisely state the person’s interest and the reason why the opinion should not be published.

#(4) The request must be delivered to the Supreme Court within 30 days after the decision is final in the State Bar Court.

#(5) The request must be served on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court and all parties.

#(b) Response

#(1) Within 10 days after the Supreme Court receives a request under (a), the State Bar Court or any person may submit a response supporting or opposing the request. A response submitted by anyone other than the State Bar Court must state the person’s interest.

#(2) A response must not exceed 10 pages and must be served on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court, all parties, and any person who requested depublication.

#(c) Action by Supreme Court

#(1) The Supreme Court may order the State Bar Court to depublish the opinion or deny the request. It must send notice of its action to the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court, all parties, and any person who requested depublication.

#(2) The Supreme Court, on its own motion, may order the State Bar Court to depublish an opinion, notifying the State Bar Court of its action.

#(d) Effect of Supreme Court order to depublish

A Supreme Court order to depublish is not an expression of the court’s opinion of the correctness of the result of the decision or of any law stated in the opinion. An opinion ordered depublished must not be cited or relied on by a court or a party in any other action. A depublished opinion may be cited when relevant under the doctrines of law of the case, res judicata, or collateral estoppel or if the opinion is relevant to a criminal or disciplinary action because it states reasons for a decision affecting the same defendant or respondent in another such action.

#History

Rule 9.16.2 adopted effective October 1, 2025.

What this rule requires

Page & Word Limits

  • The request must not be made as part of a petition for review, but by a separate letter to the Supreme Court not exceeding 10 pages.

  • A response must not exceed 10 pages and must be served on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court, all parties, and any person who requested depublication.

Filing Timing and Cure Windows

  • The request must be delivered to the Supreme Court within 30 days after the decision is final in the State Bar Court.

  • Within 10 days after the Supreme Court receives a request under (a), the State Bar Court or any person may submit a response supporting or opposing the request.

Service and Proof of Service Rules

  • The request must be served on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court and all parties.

  • A response must not exceed 10 pages and must be served on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court, all parties, and any person who requested depublication.

Document Format Requirements

  • The request must not be made as part of a petition for review, but by a separate letter to the Supreme Court not exceeding 10 pages.

Chambers Communication Rules

  • It must send notice of its action to the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court, all parties, and any person who requested depublication.

  • The Supreme Court, on its own motion, may order the State Bar Court to depublish an opinion, notifying the State Bar Court of its action.

Document Filing Requirements

  • The request must concisely state the person’s interest and the reason why the opinion should not be published.

  • A response submitted by anyone other than the State Bar Court must state the person’s interest.

Official text: courts.ca.gov , checked October 19, 2026.