§ CR 76.37 Certification of question of law

CR 76.37 Certification of question of law

(1) Power to answer.

If there are involved in any proceeding before the Supreme Court of the United States, any Court of Appeals of the United States, any District Court of the United States, the highest appellate court of any other state, or the District of Columbia, questions of law of this state which may be determinative of the cause then pending before the originating court and as to which it appears to the party or the originating court that there is no controlling precedent in the decisions of the Supreme Court and the Court of Appeals of this state, the Kentucky Supreme Court may answer those questions of law when certified to it by the originating court, or after judgment in the District Court upon petition of any party to the proceeding.

(2) Method of invoking.

This Rule may be invoked by an order of any of the courts referred to in paragraph (1) of this Rule upon the court's own motion or upon the motion of any party to the cause.

(3) Contents of certification order.

A certification order shall set forth

(a) the questions of law to be answered;

(b) a statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose;

(d) the names and addresses of counsel for each appellant and appellee.

(4) 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 such portion of the record before the certifying court as it deems necessary to a determination of the questions certified to it.

(5) 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 and each party shall pay its share of the filing fee within the 30-day period allowed by paragraph (6) of this Rule for filing of briefs.

(6) Briefs and argument.

Each of the parties desiring to be heard shall within 30 days after the date of the order of the Kentucky Supreme Court accepting certification file with the clerk of the Supreme Court 10 copies of a brief setting forth his arguments. Oral arguments will not be required or permitted unless so ordered by the Supreme Court.

(7) 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.

(8) Power to certify.

The Supreme Court on its own motion or the motion of any party may order certification of questions of law to the highest court of any state or the District of Columbia when it appears to the certifying court that there are involved in any proceeding before the court questions of law of the receiving state or district which may be determinative of the cause then pending in the certifying court and it appears to the certifying court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state.

(9) Procedure on certifying.

The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state or district.

(10) Certification of law by the Commonwealth.

A request by the Commonwealth of Kentucky pursuant to Section 115 of the Constitution of Kentucky for a certification of law shall be initiated in the Supreme Court. The request shall be initiated within thirty (30) days of a final order adverse to the Commonwealth. The Commonwealth shall initiate the certification procedure by motion requesting the Supreme Court to accept the question(s) for review. The motion shall contain the same elements as provided in this Rule, section (3), for a certification order. The motion shall be served and response permitted in conformity with the rules applicable to motion practice in the Supreme Court. If the motion is sustained, thereafter the case shall proceed in the same manner as any other appeal.

(11) Ten (10) copies of the certification order from another court or the request for certification by the Commonwealth, and the response, if any, shall be filed with the Clerk of the Supreme Court.

TABLE OF JURISDICTIONS WHEREIN ACT HAS BEEN ADOPTED

Jurisdiction Laws Effective Date Statutory Citation

Alabama Ala.Rules of App.Proc., Rule 18.

Alaska Alaska Rules of Appellate Procedure, Rule 407.

Arizona 1984, c. 111 8-3-1984 A.R.S. §§ 12-1861 to 12-1867.

Colorado 4-1-1970 Colo.App.Rules, Rule 21.1.

District of Columbia P.L. 99-573 10-28-1986 D.C. Official Code, 2001 Ed. § 11-723.

Florida 3-1-1961 Rules of App.Proc., Rule 9.150.

Georgia O.C.G.A. § 15-2-9.

Iowa 1979, S.F. 294 1-1-1980 I.C.A. §§ 684A.1 to 684A.11.

Kansas 1979, c. 181 7-1-1979 K.S.A. §§ 60-3201 to 60-3212.

Kentucky 9-1-1978 Rules of Civil Procedure, Rule 76.37.

Louisiana 1972, No. 84 LSA-R.S. 13:72.1; Sup.Ct.Rule 12.

Maine 1-1-2001 Rules of Appellate Proc., Rule 25.

Massachusetts 11-1-1971 Rules of Supreme Judicial Court, General Rule 1:03.

Mississippi 8-1-1980 Rules of Appellate Procedure, Rule 20.

Montana Sup.Ct. Order 1-19-1987 Rules of Appellate Procedure, Rule 44.

6-16-1986

New Hampshire 4-2-1968 RSA 490: Supreme Ct.Rules, Rule 34.

New Mexico Sup.Ct. Order NMRA, Rules of Appellate Procedure, Rule 12-607.
9-16-1986

North Dakota 2-15-1977 Rules of App.Proc., Rule 47.

Ohio 7-15-1988 Supreme Court Rules of Practice, Rule XVIII.

Oregon 1983, c. 103 ORS 28.200 to 28.255.

Puerto Rico 9-1-1975 Supreme Court Rule 27 [4 L.P.R.A. App. I-A].

Rhode Island Supreme Court Rules, Article I, Rule 6.

South Dakota 1984, c. 154 SDCL 15-24A-1 to 15-24A-11.

Washington 4-24-1974 West's RCWA 2.60.010 to 2.60.900.

Wisconsin                                Sup. Ct. Order                       1-1-1983                              W.S.A. 821.01 to 821.12.
                                                    6-16-1982

Wyoming                                   1976, c. 36                                                 Rules of Appellate Procedure, Rules 11.01 to 11.07.