Legal Question in Civil Litigation in Maryland
How to Certify a Question of Law from the 4th Circuit to a State Court
Can anyone tell me which statutory provision I can turn to for the principle that the 4th circuit court of appeals has the authority to certify a question of law to the state's highest court?
I know the 7th circuit has an explicit provisoin under its Federal Rules of Appellate Procedure (General Provisions) for this kind of motion. However, I cannot locate one in teh 4th circuit's rules
if anyone has a template motion they could pass on i would appreciated it
thank you
1 Answer from Attorneys
Re: How to Certify a Question of Law from the 4th Circuit to a State Court
You should look at the local appellate rules adopted by the Fourth Circuit, as well as the appellate rules of the highest state court where you want the certification to proceed. You can find more information on the issue of certification in this article (I think it may be available online for free): Justice Sandra Schultz Newman, �Certification of State Law Questions: Pennsylvania Experience in the First Five Years,� Pennsylvania Bar Association Quarterly, Vol. LXXV, No. 2, p. 47 (April 2004). It describes how the process works between the Pennsylvania Supreme Court and the Third Circuit. Your case should be analogous.
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