Legal Definitions - uncitable

Uncitable refers to legal materials, documents, or information that cannot be formally referred to or relied upon as authoritative support in a legal argument, court filing, or judicial decision. This status typically arises because the material lacks official legal standing, has not been formally published, is confidential, or is not considered binding precedent.

Here are some examples:

• Unpublished Court Opinion: Imagine a state appellate court issues a decision in a specific case, but explicitly designates it as "unpublished" and includes a rule stating that such opinions are not considered binding precedent and cannot be cited by lawyers in future cases. Even though it's a court decision, its "unpublished" status means it doesn't carry the weight of law that other published opinions do. Lawyers cannot use it as a legal authority to persuade a judge in a different case, because the court has declared it lacks precedential value.

• Confidential Settlement Discussions: Consider a situation where two parties involved in a business dispute attend a mediation session. During this session, they make various offers, counter-offers, and discuss potential compromises, hoping to avoid a trial. If the mediation fails and the case proceeds to court, the specific details of those settlement discussions, including any admissions made, are generally "uncitable." Rules of evidence prevent lawyers from bringing up these discussions at trial to prove liability or damages, as doing so would discourage parties from attempting to settle cases out of court.

• Internal Legal Department Memo: Suppose a large corporation's in-house legal department drafts an internal memo analyzing the potential legal risks associated with a new marketing campaign. This memo contains preliminary legal advice and strategic considerations for the company's executives. This internal memo, while containing legal analysis, is "uncitable" in an external legal proceeding, such as a lawsuit filed against the company. It's a confidential, internal communication, not a public legal ruling, statute, or published legal scholarship that can be presented to a court as authority.