What are the bases for determining whether a decision of the Court of Appeals will be published?
By court rule, an opinion of the Court of Appeals must be published if it (1) establishes a new rule of law, (2) construes a provision of a constitution, statute, ordinance, or court rule, (3) alters or modifies an existing rule of law or extends it to a new factual context, (4) reaffirms a principle of law not applied in a recently reported decision, (5) involves a legal issue of continuing public interest, (6) criticizes existing law or (7) creates or resolves an apparent conflict of authority, whether or not the earlier opinion was reported. MCR 7.215(B). If a party believes that one of these standards is met in a case, the party’s brief may include a statement that publication is warranted. The party should reference the pertinent standard. [See MCR 7.215(B); IOP 7.
By court rule, an opinion of the Court of Appeals must be published if it (1) establishes a new rule of law, (2) construes a provision of a constitution, statute, ordinance, or court rule, (3) alters or modifies an existing rule of law or extends it to a new factual context, (4) reaffirms a principle of law not applied in a recently reported decision, (5) involves a legal issue of continuing public interest, (6) criticizes existing law or (7) creates or resolves an apparent conflict of authority, whether or not the earlier opinion was reported. MCR 7.215(B). If a party believes that one of these standards is met in a case, the party’s brief may include a statement that publication is warranted. The party should reference the pertinent standard.
