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An opinion letter, also called a legal opinion, is a letter issued by a legal counsel that facilitates a lender's due diligence process in a transaction. The opinion letter is used in credit analysis to help determine whether to lend to a borrower or not.
Now contained in rule 8.1115(a) of the California Rules of Court, the rule provides that an unpublished opinion of a California Court of Appeal or superior court appellate division ?must not be cited or relied on by a court or a party in any other action.? Rule 8.1115(b) creates two exceptions to that rule: an ...
If a party cites an unpublished opinion, the party must explain the reason for citing it and how it is relevant to the issues presented. A party who cites an unpublished opinion must provide a copy of the opinion to the court and to opposing parties with the brief or other paper in which the citation appears.
If we mark an opinion as unpublished, it is not precedent. We are free to disregard it without even saying so. Even more striking, if we decided a case directly on point yesterday, lawyers may not even remind us of this fact.
Although there are a variety of opinion letters, the most common include the Remedies Opinion (or the Enforceability Opinion), the Non-Consolidation Opinion, and the Entity Status Opinion.
Unless instructed otherwise, for each issue include: (i) a heading, (ii) state the question or issue, (iii) provide a short answer to the question stating your opinion, and (iv) then perform the detailed legal analysis. Use headings and sub-headings in the Body section? and write them in a neutral tone.
Unpublished Opinions Name of the case (underlined or italicized and abbreviated ing to Rule 10.2) Docket number. Database identifier. Name of the court (abbreviated ing to Rule 10.4) Date the case was decided, including month (Table 12), day, and year.
32.1A ?Unpublished opinions are decisions which a court designates for unpublished status. They are not precedent. Unpublished opinions issued on or after January 1, 2007, may be cited in ance with FRAP 32.1. Unpublished opinions issued before January 1, 2007, generally should not be cited.