RULE 47.1 CERTIFICATION OF QUESTIONS OF LAW BY STATE COURT
Effective Date: 9/1/1983
Obsolete Date: 3/1/1999
(a) Who May Certify Questions of Law. Any district court or county court in its discretion may submit a question of law pursuant to Section 32-24-01, N.D.C.C., to the supreme court for final determination by the use of a certification order.
(b) Contents of Certification Order and Supporting Documentation.
(1) A certification order must contain:
(i) Findings of fact of all pertinent facts needed to resolve the question of law.
(ii) The question of law formulated in such a manner that it may be answered by yes or no and the trial court's answers to each question.(2) The certifying court shall transmit with the certification order any parts of the record and other documents it deems necessary in answering the certified questions. The supreme court may require that an original or copies of all or any portion of the record be filed if in its opinion the record or portion thereof is necessary in answering the certified questions.
(c) Procedure in Supreme Court. In supreme court proceedings, the parties shall retain the same designations as in the certifying court. The plaintiff in the certifying court shall file a brief with the clerk of the supreme court within the time specified by the trial court. The defendant shall file a brief in response to the brief of the plaintiff within the time specified by the trial court. Any party may request an extension of time pursuant to Rule 26(b), but promptness is required. Oral argument shall be governed by Rule 34.
(d) Costs. Fees and costs shall be the same as in civil appeals docketed before the supreme court and shall be equally divided by the parties unless otherwise ordered by the certifying court in its order of certification.
[Amended January 1, 1979; amended effective September 1, 1983.]
Rule 47.1 was amended, effective January 1, 1979; September 1, 1983; March 1, 1999; March 1, 2003.
Certification is discretionary with the trial court, and a certified question need not be answered by the supreme court. See paragraphs (b) (1) and (c) (1).
The certification order may be prepared by the court or the parties. The question of law must first be ruled upon by the certifying court, and any issues of fact necessary for the determination of the question must also be found by the certifying court. Generally the parties will stipulate to the facts.
The intent of paragraph (b) (2) is to assure that the questions are presented to the supreme court as expeditiously as possible.
Technical amendments were made to Rule 47.1, effective March 1, 1999, and the obsolete reference to "county court" was deleted.
Rule 47.1 was amended, effective March 1, 2003, to include the relevant provisions of N.D.C.C. ch. 32-24. With these amendments, N.D.C.C. §§ 32-24-01, 32-24-02, 32-24-03, and 32-24-04 are superseded. In addition, the language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of April 25-26, 2002, pages 27-29; April 30-May 1, 1998, page 11.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 32-24-01, 32-24-02, 32-24-03, 32-24-04.