§ 3.13.4 Effect of Unpublished Decisions.

• Jurisdiction: Arizona

§ 3.13.4 Effect of Unpublished Decisions. An unpublished memorandum decision can be the law of the case and is just as binding on the parties as a published opinion. See Elec. Dist. No. 2 of Pinal Cty. v. Ariz. Corp. Comm’n, 155 Ariz. 252, 259, 745 P.2d 1383, 1390 (1987). However, law of the case does not apply when an opinion has been depublished, because there has been an error in the first appellate decision to render it manifestly erroneous or unjust, or the issue was not actually decided or the decision is ambiguous. See Martinez v. Indus. Comm’n, 192 Ariz. 176, 179, ¶ 15, 962 P.2d 903, 906 (1998); Dancing Sunshines Lounge v. Indus. Comm’n, 149 Ariz. 480, 483, 720 P.2d 81, 84 (1986).

Memoranda decisions issued before January 1, 2015...