Precedent
Finding cases that discuss the subject of the research problem is one part of the analysis. Another part is the significance of the case in relation to the jurisdiction. Cases from the various Federal Circuit Courts of Appeal are only binding within those circuits and on the district courts of those circuits. Be aware of the hierarchy of courts and what opinions may be binding on those courts, compared to opinions that might only be persuasive.
Published and Unpublished Opinions
Not all opinions of a court are published and/or reported. Most courts have rules about citation of unpublished opinions.
Citing Unpublished North Carolina Court of Appeals Opinions
Under Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure, citing unpublished Court of Appeals opinions is discouraged but not strictly prohibited. These opinions do not carry binding authority; however, they may be cited for their persuasive value—especially when they address a significant issue in the appeal and no published opinion from the same court adequately covers the matter.
The rule’s primary intent is to limit reliance on unpublished decisions, encouraging their use only when necessary and relevant.
Generally, Lexis and Westlaw will pick up these unpublished opinions. However, this is a recent trend. They have not gone back to retrospectively add previously unpublished opinions or orders. Aside from their availability, courts tend to enforce the non-citation aspect of these opinions. The logic behind the rule is that these opinions add nothing to the development of the law because they are usually the same application of settled law. Whether or not this is true, a court has the option of issuing a document with a “not for publication” designation.
The demand for these types of opinions is still high, especially from attorneys who feel they must uncover every applicable opinion, citable or not. West, in fact, began a publication called the Federal Appendix to collect these opinions from the federal courts. Each case report, however, still carries the "not-for citation" admonishment with citation to the specific court rule barring the use.