2.05.230 [Rule 21] Publication of Opinions of the Appellate Court

(a) Opinion; Memorandum Decision; Order; Publication

Dispositions of all matter before the Appellate Court shall be by opinion only when a majority of the Justices acting determine that it:

(1) Establishes, alter, modifies or clarifies a rule of law, or

(2) Calls attention to a rule of law which appears to have been generally overlooked, or

(3) Criticizes the law, or

(4) Involves a legal or factual issue of unique interest or substantial public importance, or

(b) If the disposition of a matter is accompanied by a separate concurring or dissenting expression, and the author of such expression desires that it be published. All other dispositions shall be in the form of orders or memorandum decisions.

(c) Dispositions as Precedent

Memoranda decisions and order shall not be used as precedent nor cited in any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. Only opinions shall be used as precedent.

(d) Designation of Disposition

The disposition of the case shall contain in the caption the designation "Opinion", "Memorandum of Decision", or "Order".