TITLE FOUR — SENTENCING
Rule 34. Report
When a Report May Be Made. If, prior to trial, or, with the consent of the defendant, after conviction of the defendant, a question of law arises which the trial judge determines is so important or doubtful as to require the decision of the Supreme Court, the judge may report the case so far as necessary to present the question of law arising therein.
Consent of the Defendant. A report made after conviction shall not be entered without the defendant’s consent. The consent shall be given in writing, filed as Rule 32 provides, or upon the record in open court after the judge has informed the defendant of the question to be reported, of the effect of the report upon the proceedings, and of the defendant’s right to decline.
Matters Not Reportable. No report may be taken of matters arising out of a first appearance under Rule 3.1 or a preliminary hearing under Rule 7.2, as Rule 15(a)(3) provides.
Form and Contents. A report shall be in writing, shall be signed by the reporting judge, and shall state:
The case number, the offenses charged, and the procedural posture of the case;
The question or questions of law reported, stated with precision and separately numbered;
The material facts, whether agreed by the parties or found by the judge, upon which each question arises;
The rulings made and the reasons for them, or a statement that the judge has reserved the ruling;
Where the report is made after conviction, the defendant’s consent and the manner in which it was given; and
The reason the judge determines the question to be so important or doubtful as to require the decision of the Supreme Court.
Opportunity to Be Heard. Before entering a report the judge shall afford the parties an opportunity to be heard upon whether a report should be made and upon the form of the questions reported. The judge may direct the parties to submit proposed statements of the questions and of the agreed facts.
Entry; Transmission; The Record. A report is entered upon the docket of the case. The clerk shall transmit the report to the Supreme Court. The record upon a report shall be defined and assembled pursuant to the Ridgeway Rules of the Supreme Court, and Rule 35(9) governs the preparation of the record so far as it may be applied.
Continuance. If the case is reported prior to trial, the case shall be continued for trial to await the decision of the Supreme Court. If the case is reported after conviction, the proceedings upon the question reported are continued to await that decision.
No Stay of Sentence. A report does not stay the execution of a sentence. A stay is obtained only as Rule 31 provides.
Withdrawal. The reporting judge may withdraw a report at any time before the Supreme Court has acted upon it, by an order entered upon the docket, and shall give notice of the withdrawal to the clerk for transmission to the Supreme Court.
Proceedings After Decision. Upon the entry of a rescript or an order of the Supreme Court upon a report, the trial judge shall proceed in conformity with it and shall enter such orders as the decision requires.