$title = "RULE 2:12A. Certification of Questions of Law by the Supreme Court"; include("includer.php"); ccheader($title); ccprebody(); ?>
The Supreme Court may answer a question of law certified to it by the United States Court of Appeals for the Third Circuit, if the answer may be determinative of an issue in litigation pending in the Third Circuit and there is no controlling appellate decision, constitutional provision, or statute in this State.
The Supreme Court may reformulate a question of law certified to it.
The Court of Appeals for the Third Circuit shall issue a certification order and forward it to the Supreme Court. Within five days of the filing of the order with the Supreme Court, the parties may comment on the order by serving and filing nine copies of a statement that does not exceed five pages.
Before responding to a certified question, the Court may request of the Court of Appeals for the Third Circuit that it deliver all or part of the record in the pending litigation.
A certification order must contain:
(a) The question of law sought to be answered;
(b) The facts relevant to the question, showing fully the nature of the controversy out of which the question arose. If the parties cannot agree on a statement of facts, the certifying court shall set forth what it believes to be the relevant facts;
(c) A statement acknowledging that the Supreme Court, acting as the receiving court, may reformulate the question; and
(d) The names and addresses of counsel of record and all parties appearing without counsel.
The Supreme Court, acting as the receiving court, shall notify the Court of Appeals for the Third Circuit of its acceptance or rejection of the question and shall respond to an accepted certified question as soon as practicable.
After the Supreme Court has accepted a certified question, the matter shall proceed in the same manner as an appeal as of right. The Court shall issue a scheduling order and all briefs shall comply with the requirements and limitations of Rule 2:6 unless otherwise directed by the Court. Unless the Court dispenses with oral argument, it shall proceed pursuant to Rule 2:11-1(b).
The Supreme Court shall dispose of the matter by an opinion or order, as may be appropriate.
Fees and costs are the same as in appeals as of right to the Supreme Court except that they are to be divided equally among the parties unless otherwise provided in the order entered by the Court of Appeals for the Third Circuit.