15-24A-1
Power to answer.
15-24A-2
Superseded.
15-24A-3
Method of invoking.
15-24A-4
Contents of certification order.
15-24A-5
Preparation of certification order.
15-24A-6
Costs of certification.
15-24A-7
Briefs and argument.
15-24A-8
Opinion.
15-24A-9
Severability.
15-24A-10
Construction.
15-24A-11
Short title.
15-24A-1. Power to answer.
The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a court of appeals of the United States, or a United States district court, if there are questions of law of this state involved in any proceeding before the certifying court which may be determinative of the cause pending in the certifying court and it appears to the certifying court and to the Supreme Court that there is no controlling precedent in the decisions of the Supreme Court of this state.
Source: SL 1984, ch 154, § 1; Supreme Court Rule 85-7, § 1.
15-24A-3. Method of invoking.
In the discretion of any of the courts referred to in § 15-24A-1, this chapter may be invoked by an order of said court upon its own motion or upon the motion of any party to the cause.
Source: Supreme Court Rule 85-7, § 2.
15-24A-4. Contents of certification order.
A certification order shall set forth
(1) The questions of law to be answered; and
(2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
Source: Supreme Court Rule 85-7, § 3.
15-24A-5. Preparation of certification order.
The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the Supreme Court, the record or portion thereof may be necessary in answering the questions.
Source: Supreme Court Rule 85-7, § 4.
15-24A-6. Costs of certification.
Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
Source: Supreme Court Rule 85-7, § 5.
15-24A-7. Briefs and argument.
Once the Supreme Court has agreed to consider the certified question, the moving party or such party as the Supreme Court may designate shall serve and file its brief within twenty-five days after the filing of the order of acceptance. The other parties shall serve and file their briefs within twenty-five days after service of the moving or designated party's brief. The moving or designated party may serve and file a reply brief within fifteen days after service of the last brief of the other parties.
Proceedings in the Supreme Court shall be those provided in chapter 15-26A.
Source: Supreme Court Rule 85-7, § 6.
15-24A-8. Opinion.
The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties.
Source: Supreme Court Rule 85-7, § 7.
15-24A-9. Severability.
If any provision of this chapter or the application thereof to any person, court, or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source: Supreme Court Rule 85-7, § 8.
15-24A-10. Construction.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source: Supreme Court Rule 85-7, § 9.
15-24A-11. Short title.
This chapter may be cited as the Uniform Certification of Questions of Law Rule.
Source: Supreme Court Rule 85-7, § 10.
