Persuading the Court with Persuasive Authority: Lifting Arizona’s Ban on Citations to Memorandum Decisions

Before January 1, 2015, Arizona prohibited attorneys and judges from citing memorandum decisions. A change to the Arizona Supreme Court Rules, the Arizona Civil Appellate Procedure Rules, and the Arizona Criminal Rules allows citations to memorandum decisions as persuasive authority. This rule change will ultimately benefit the Arizona legal community because citing memorandum decisions will create consistent case law, assist attorneys and trial judges in close cases, and align Arizona with the national trend favoring citations to memorandum decisions.