(1) Whether the Opinion would establish a new interpretation of law, apply an existing rule to a set of facts significantly different from those stated in published Opinions, or modify or repeal an existing interpretation of law;

(2) Whether the Opinion would resolve an apparent conflict in the law;

(3) Whether the Opinion would involve a legal issue of continuing public interest;

(4) Whether the Opinion would make a significant contribution to the law by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law; and

(5) Any other basis OTA determines justifies publishing an Opinion as precedential.

(1) Public comment period. All comments should be submitted to OTA for consideration within 30 days of an Opinion being posted as “Pending Precedential.” A party may also submit to OTA notification of an intent to submit a comment within this 30-day timeframe, and thereafter must submit a comment within 30 days. No sooner than 35 days and no later than 60 days after being posted as “Pending Precedential,” OTA will update the “Pending Precedential” designation of the Opinion to “Precedential” or “Nonprecedential.”

(2) Review of public comments. OTA will consider all timely comments received for or against making the Opinion precedential prior to updating the status. OTA may hold the status of an Opinion in “Pending Precedential” for up to 60 days from the date of initial posting to consider comments received from the public, or in the case of receiving a timely notice of intent to submit a comment.