Certification of questions of law

(a) Certified Questions of Law. The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, or of the District of Columbia, a United States District Court, or the Superior, Family, District, or Workers’ Compensation Courts when requested by the certifying court if there are any questions of law of this state involved in a proceeding before that court which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no Page 4 of 40 Revised February 17, 2026 controlling precedent in the decisions of the Supreme Court. (b) Orders and Motions. This rule may be invoked by an order of any of the courts referred to in subsection (a) of this rule upon that court's own motion or upon the motion of any party to the cause. (c) Contents of Certification Order. A certification order shall set forth: (1) The questions of law to be answered; and (2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose. (d) Preparation of Certification Order and Filing of the Record. (1) Certification Order. The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court Clerk by email to [email protected] or by mail from the clerk of the certifying court. (2) Filing of the Record. The Supreme Court may require the filing of all or of any portion of the record before the certifying court, if, in the opinion of the Supreme Court, the record or portion thereof may be necessary in answering the questions. To the extent feasible, the certifying court shall forward the record to the Supreme Court Clerk by email to [email protected] in a PDF file with the documents arranged in the same order as they appear on the docket sheet. Sealed documents should be clearly identified as such on the pleading itself and should be segregated from the single PDF and transmitted as a separate PDF within the same email. (e) Costs of Certification. Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification. (f) Briefs and Argument. Proceedings in the Supreme Court shall be those provided in these rules governing briefs and arguments. Unless otherwise ordered, the plaintiff shall file the opening brief, the defendant shall file the responding brief, and the plaintiff may file a reply brief. Any party wishing to seek a modification of the foregoing briefing requirements shall move for such relief with the Supreme Court. (g) Opinion. The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the Clerk of the Supreme Court to the certifying court and to the parties. Rule 7. Trial court orders for protection of parties pending appeal or petitions for review. (a) Trial Court Orders for Protection of Parties. The justice or judge of the Page 5 of 40 Revised February 17, 2026 Superior, Family, or District Court who entered the judgment, order, decree, or other determination from which review is being sought, or in case of his or her absence or disability, any justice or judge of the same court, may make such orders for injunction, giving bond, and the appointment of receivers, and such other orders as are needed for the protection of the rights of the parties until the appeal or petition for review shall be heard and determined by the Supreme Court, subject to modification or annulment by order of the Supreme Court upon motion. (b) Appointment of an Attorney. In cases requiring the appointment of an attorney for appeal to the Supreme Court, the Superior, Family, or District Court may appoint an attorney solely for the purpose of perfecting the appeal, and insuring that all necessary requests for extensions are filed pursuant to Rule 11(c). When the Superior, Family, or District Court makes an appointment for purposes of appeal, the appointment shall be from the panel of attorneys available for appointment in this category in the Supreme Court. All Superior, Family, and District court appointments of counsel for appeal shall terminate upon the docketing of the appeal in the Supreme Court. If the appointed attorney wishes to provide appellate services to the defendant after the appeal is docketed, the attorney must request appointment by the Supreme Court. If the attorney appointed by the Superior, Family, or District Court does not wish to represent the defendant after the appeal is docketed, the attorney shall notify the defendant and file a motion with the Supreme Court requesting appointment of another attorney.