Legal Definitions - noncitable

The term noncitable refers to any legal document, court decision, or other material that a lawyer is not permitted to use as authoritative support (known as "precedent") for an argument in court.

In the legal system, courts often rely on past decisions to ensure consistency and fairness. These past decisions, when officially recognized, become "precedent" that lower courts must follow in similar future cases. A document or decision is noncitable if it lacks this official authority and therefore cannot be presented to a judge as a binding or persuasive example of how the law should be applied.

• Example 1: A Court's "Summary Order" Designated as Non-Precedential

  Imagine an appellate court issues a brief decision, often called a "summary order" or "memorandum opinion," for a straightforward case. The court explicitly states within the order that it is "not for publication" and "not to be cited as precedent by other courts or parties."

  Explanation: In this scenario, the court itself has declared its decision to be noncitable. While it resolves the specific case before it, the court does not intend for this particular ruling to establish a legal rule that must be followed in future cases. Therefore, a lawyer cannot present this summary order to another court as a binding example of how the law should be interpreted or applied.

• Example 2: A Law Review Article or Legal Treatise

  A prominent legal scholar publishes an in-depth article in a law review, analyzing a complex area of environmental law and proposing a new interpretation of a statute. Similarly, a multi-volume legal treatise provides comprehensive commentary on contract law.

  Explanation: While law review articles and legal treatises are highly respected and can be very influential in shaping legal thought, they are not decisions made by a court. They represent academic commentary or expert analysis, not official legal rulings. Therefore, a lawyer cannot cite them as binding legal precedent in court, even though they might be used to *persuade* a judge by explaining a legal concept or policy argument. They are noncitable as precedent.

• Example 3: An Internal Memo from a Law Firm

  A senior partner at a law firm writes an internal memorandum to junior associates, outlining the firm's strategic approach to defending clients in a particular type of intellectual property dispute, based on their collective experience and understanding of the law.

  Explanation: This internal memo, while containing legal analysis and guidance, is a private document created for internal firm use. It has no official standing within the judicial system. It is not a court ruling, a statute, or any other form of officially recognized legal authority. Consequently, it is entirely noncitable; a lawyer could not present this memo to a court as a basis for a legal argument.