Browse Previous PageTable of ContentsBrowse Next Page

Supreme Court Rules Table of Contents



Rule 34. Uniform Certification of Questions of Law.

This 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 of the District of Columbia, or a United States district court when requested by the certifying court if there are involved in any proceeding before it questions of law of this State which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of this court.

This rule may be invoked by an order of any of the courts referred to above upon that court's own motion or upon the motion in that court of any party to the cause.

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.

The certification orders shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to this court by the clerk of the certifying court under its official seal. This 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 this court, the record or portion thereof may be necessary in answering the questions.

Fees and costs shall be the same as in civil appeals docketed before this court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification. All filings shall be on paper 8 1/2 by 11 inches in size.

Proceedings in this court shall be those provided in these rules or laws governing briefs and arguments.

Browse Previous PageTable of ContentsBrowse Next Page

Supreme Court Rules Table of Contents