TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 47, N.D.R.App.P.; Uniform Certification of Questions of Law
The proposed amendments to Rule 47 generally track the form and style of the 1998 amendments to the federal appellate rules--the language and organization of the rule are amended to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Language was added to Rule 47(c) to require that the certifying court provide a statement demonstrating how the court reached its conclusion that there was no controlling precedent in the decisions of the our Supreme Court, which is a requirement of Rule 47 (a).
Language was added to Rule 47(c) to include a requirement (consistent with the existing requirement in Rule 47.1) that a certified question of law be formulated in a manner that allows a "yes" or "no" answer.
Language was added to the explanatory note to clarify the sources and derivation of Rule 47.
Under Rule 47 (f), the time for serving and filing briefs may be determined by the certifying court, otherwise, the time is governed by "these rules." This is also the case under Rule 47.1. The Committee may wish to address this matter with respect to both rules and consider whether to designate specific time guidelines for purposes of uniformity and consistency.