PART V — JURISDICTION AND COMMENCEMENT
Rule 51. Certified questions of Ridgeway law
Authorized certifying court
The court of last resort of another state may certify a question of Ridgeway law when:
the question may determine a cause pending before it; and
no clear controlling Ridgeway Supreme Court precedent exists.
This Rule does not authorize a Ridgeway lower tribunal to bypass ordinary appellate procedure unless another law expressly permits certification.
Certificate
The certifying court’s signed certificate must state:
the precise question;
the material facts;
the nature and posture of the controversy;
the parties and counsel;
why the answer may be determinative;
the absence of controlling precedent; and
any record portions the certifying court deems necessary.
Initiation
The certificate must be transmitted by the certifying clerk under official authentication. The Supreme Clerk opens the matter manually if no originating Ridgeway case exists. Parties may not create a fictitious origin.
Preliminary examination
Before briefs, the Court determines whether to accept, reformulate, request clarification, or decline the question. Acceptance is discretionary.
Briefing
If accepted, the order identifies the party filing first and sets the schedule. Unless changed:
the opening brief is due seven days after service of the acceptance order;
the response is due seven days after service of the opening brief; and
a reply is due three days after service of the response.
The Court may invite the Attorney General or an amicus.
Scope of answer
The Court answers only Ridgeway law necessary to the certificate and does not decide disputed facts or the underlying controversy. It may reformulate the question without changing its substance.
Opinion and costs
The Clerk sends the written opinion under seal of the Court to the certifying court and parties. Costs are divided equally unless the Court orders otherwise under lawful authority.
Withdrawal
The certifying court must notify the Supreme Court if the underlying cause ends. The Supreme Court may dismiss the certificate or answer an issue that remains properly justiciable under law.