Rule 1-104 - Unreported Opinions(a)Opinions of the Appellate Courts of Maryland.(1) An unreported opinion of the Supreme Court or the Appellate Court is not precedent within the rule of stare decisis.Cross reference: See Rule 8-605.1 regarding reporting of opinions of the Appellate Court.
(2)Citation.(A)Generally An unreported opinion of the Supreme Court or the Appellate Court may not be cited as precedent within the rule of stare decisis or, except as provided in subsection (a)(2)(B) of this Rule, as persuasive authority. An unreported opinion of either Court may be cited only (i) when relevant under the doctrine of the law of the case, res judicata, or collateral estoppel, (ii) in a criminal action or related proceeding involving the same defendant, 3)(iii) 10 in a disciplinary action involving the same respondent, or (iv) as persuasive authority as provided in subsection (a)(2)(B) of this Rule.(B)Persuasive Authority Unless designated as a per curiam opinion, an unreported opinion issued on or after July 1, 2023 may be cited for its persuasive value only if no reported authority adequately addresses an issue before the court. The citation shall clearly identify the opinion as unreported and include the case number, term, and date the opinion was filed. An unreported per curiam opinion may not be cited as persuasive authority.(b)Opinions Issued by Courts in Other Jurisdictions An unreported or unpublished opinion, order, or other decision issued by a federal court or by a court in a jurisdiction other than Maryland may be cited as persuasive authority if the jurisdiction in which the opinion was issued would permit it to be cited as persuasive authority or as precedent. The citation shall indicate whether the opinion is precedent in the issuing jurisdiction.Cross reference: See MAS Associates v. Korotki, 465 Md. 457, 479 n.11 (2019) and Gambrill v. Bd. Of Educ. of Dorchester County, 252 Md. App. 342 (2021), rev'd on other grounds, 481 Md. 274 (2022) regarding the persuasive value of unreported or unpublished authority from courts in other jurisdictions.
(c)Attachment If a party cites an opinion, order, or decision that is not available in a publicly accessible electronic database, the party shall attach a copy of the cited document to the pleading, brief, or other paper in which the document is cited. Section (a) of this Rule is derived in part from former Rule 8-114, which was derived from former Rules 1092 c and 891 a 2, and is in part new. Sections (b) and (c) are new.
Former Rule 8-114 adopted Nov. 19, 1987, eff. 7/1/1988. Renumbered Nov. 12, 2003, eff. 1/1/2004. Amended May 8, eff. 7/1/2007; amended April. 21, 2023, eff. 7/1/2023.HISTORICAL NOTES
2003 Orders
The November 12, 2003, order amended the source note.
2007 Orders
The May 8, 2007, order added the committee note and amended the source note.
Committee note: Unreported opinions issued after May 1, 2015 are available on the Judiciary website.