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Rule 19. Procedure on a Certified Question
- 1. A United States court of appeals may certify to this Court a question
or proposition of law on which it seeks instruction for the proper decision
of a case. The certificate shall contain a statement of the nature of the
case and the facts on which the question or proposition of law arises. Only
questions or propositions of law may be certified, and they shall be stated
separately and with precision. The certificate shall be prepared as required
by Rule 33.2 and shall be signed by the clerk of the
court of appeals.
- 2. When a question is certified by a United States court of appeals, this
Court, on its own motion or that of a party, may consider and decide the
entire matter in controversy. See 28
U. S. C. §1254(2).
- 3. When a question is certified, the Clerk will notify the parties and
docket the case. Counsel shall then enter their appearances. After docketing,
the Clerk will submit the certificate to the Court for a preliminary examination
to determine whether the case should be briefed, set for argument, or dismissed.
No brief may be filed until the preliminary examination of the certificate
- 4. If the Court orders the case briefed or set for argument, the parties
will be notified and permitted to file briefs. The Clerk of this Court then
will request the clerk of the court in possession of the record to certify
and transmit it. Any portion of the record to which the parties wish to direct
the Court's particular attention should be printed in a joint appendix, prepared
in conformity with Rule 26 by the appellant or petitioner
in the court of appeals, but the fact that any part of the record has not
been printed does not prevent the parties or the Court from relying on it.
- 5. A brief on the merits in a case involving a certified question shall
comply with Rules 24, 25, and 33.1,
except that the brief for the party who is the appellant or petitioner below
shall be filed within 45 days of the order requiring briefs or setting the
case for argument.