Certified question
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law.
These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another state or jurisdiction. If that other jurisdiction's law is unclear or uncertain, a certified question can then be sent to that jurisdiction's courts to render an opinion on the question of law that arose in the court in which the actual litigation is pending. The courts to whom these questions of law are certified are typically appellate courts or state supreme courts.[1]
History
Historically, the procedure under which one court certifies a question to another, arises out of the distinction in the
- Equity sends questions to law, law sends questions back to equity; law finds it can’t do this, equity finds it can’t do that; neither can so much as say it can’t do anything, without this solicitor instructing and this counsel appearing for A, and that solicitor instructing and that counsel appearing for B; and so on through the whole alphabet, like the history of the apple pie.[3]
In
As of 2014, forty-nine states, the
Certification of questions to state courts
Between state and federal courts
The typical case involving a certified question involves a Federal court, which because of diversity, supplemental, or removal jurisdiction is presented with a question of state law. In these situations, the Erie doctrine[10] requires the Federal court that acquires jurisdiction over cases governed in part by state law to apply the substantive law of the states.[11]
Generally, the Erie doctrine requires the Federal court to predict how the courts of a given state would rule and decide a given issue. Many states, however, allow certified questions to be addressed from the Federal court to the appellate court or state supreme court of that state, allowing the state court to decide those questions of law.
The state courts issuing these rulings do not consider the issuance of these rulings to be
Many states, by legislation or by judicial rule making, have adopted a
- "questions of law of this state are involved in any proceeding before the certifying court which may be determinative of the proceeding"; or
- "it appears to the certifying court there is no controlling precedent in the decisions of the supreme court of this state."
In state courts
In some states, the name "certified question" is given to what is also known as an interlocutory appeal, a procedure under which an appellate court, at its discretion, may review a decision made by a trial court that has been made before a final judgment has been entered, and that ordinarily could not be appealed directly.[15]
Certification of questions to the United States Supreme Court
Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the
Certification of a question of law to the United States Supreme Court is another way, in addition to the
See also
- Certificate of division
- Case stated, a similar English procedure
- Preliminary reference, a similar European Union procedure
References
- ^ Black's Law Dictionary, 6th ed., "Certification of question of state law"
- ^ Severns v. Wilmington Medical Center, Inc., Del.Supr., 421 A.2d 1334 (1980). See also, Delaware Court of Chancery Rule 72(b) Archived 2009-10-08 at the Wayback Machine.
- ^ Charles Dickens, Bleak House, ch. 8, "Covering a Multitude of Sins"
- ^ 377 U.S. 179 (1960)
- ^ Clay v. Sun Insurance Office, Ltd., 377 U.S. 179, (1960)
- ^ Wendy L. Watson, McKinzie Craig, and Daniel Orion Davis, Federal Court Certification of State Law Questions
- ^ Lehman Bros. v. Schein, 416 U.S. 386 (1974)
- ^ Michael Klotz, "Avoiding Inconsistent Interpretations: United States v. Kelly, the Fourth Circuit, and the Need for A Certification Procedure in North Carolina," 49 Wake Forest L Rev 1173 [2014]
- ^ Ibid.
- ^ Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)
- ^ Thomas R. Newman and Steven J. Ahmuty, Jr., "Court of Appeals Review of Certified Questions from Other Courts". New York Law Journal, v 231, no. 23 (Feb. 4, 2004)
- ^ Watson et al., above; citing In re Elliott (Washington Sup. Ct., 1968)
- Constitution of the State of New York, Article VII, ss. 3(b)(9), ratified 1985.
- ^ See, e.g., North Dakota Rules of Appellate Procedure, rule 47 Archived 2009-01-08 at the Wayback Machine
- ^ See, e.g., Illinois Rule of Appellate Procedure 308 Archived April 30, 2010, at the Wayback Machine
- ^ Supreme Court Rules, part IV, rule 19
- ^ 28 U.S.C. 1254
- ^ Marcia Coyle, "Supreme Court Asked to Take Certified Question for Only Fifth Time in Six-Plus Decades Archived 2010-12-05 at the Wayback Machine" (byline August 03, 2009; accessed Oct. 13, 2009)