CERTIFICATION OF QUESTION

OF HAWAIʻI LAW BY FEDERAL COURTS. (a) When certified. When a federal district or appellate court certifies to the Hawaiʻi Supreme Court that there is involved in any proceeding before it a question concerning the law of Hawaiʻi that is determinative of the cause and that there is no clear controlling precedent in the Hawaiʻi judicial decisions, the Hawaiʻi Supreme Court may answer the certified question by written opinion. (b) Contents of certificate. The certificate provided for herein shall contain the title of the Hawaiʻi Supreme Court and the title of the cause in full, and to the right thereof the words "Certified Question" and the name of the court submitting or approving the submission of the question. The certificate shall also contain a statement of prior proceedings in the case, a statement of facts showing the nature of the cause, the question of law to be answered, and the circumstances out of which the question arises. (c) Preparation of certificate. The certificate may be prepared by stipulation or as directed by such federal court. When prepared and signed by the presiding judge of such federal court, it shall be certified to the Hawaiʻi Supreme Court by the clerk of the federal court and under its official seal. The Hawaiʻi Supreme Court may, in its discretion, require original or copies of all or any portion of the record before the federal court to be filed with the certificate. (d) Briefs. Briefs conforming to the Hawaiʻi Rules of Appellate Procedure shall be filed by the parties as ordered by the court. (e) Deleted. (Amended June 9, 1986, effective June 9, 1986; further amended December 6, 1999, effective January 1, 2000.)