Certifying Questions of State Law

U.S. District Court for the District of Vermont

Rule Set: Local Rules of the U.S. District Court for the District of Vermont

Rule: 74

Jurisdiction: DVT

Bluebook Citation: D. Vt. L.R. 74

All Rules: D. Vt. Local Rules, complete index


Text

(a) Authorization. When authorized by state law, the court may certify to the state’s highest court an unsettled and significant question of state law that will control the outcome of a pending case. (b) Procedure. (1) Who May Certify.

The court may certify a question: (A) on its own motion; or (B) upon written motion of a party. (2) State Law Governs Certification Procedures. State law or court rules govern certification procedures. 32 (c) Stay.

The court may grant a stay pending the state court’s decision whether to accept the certified question and its decision of the certified question.

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