RULES OF SUPREME COURT OF LOUISIANA

PART A. PRACTICE AND PROCEDURE

RULE XII. CERTIFIED QUESTIONS FROM FEDERAL COURTS

Section 1. When it appears to the Supreme Court of the United States, or to any circuit court of appeal of the United States, that there are involved in any proceedings before it questions or propositions of law of this state which are determinative of said cause independently of any other questions involved in said case and that there are no clear controlling precedents in the decisions of the supreme court of this state, such federal court before rendering a decision may certify such questions or propositions of law of this state to the Supreme Court of Louisiana for rendition of a judgment or opinion concerning such questions or propositions of Louisiana law. This court may, in its discretion, decline to answer the questions certified to it.


Section 2. The provisions of this rule may be invoked by the Supreme Court of the United States or any circuit court of appeal of the United States upon its own motion or upon the suggestion or motion of any interested party.


Section 3. The certificate provided for herein shall contain the style of the case, a statement of facts, showing the nature of the cause and the circumstances out of which the questions or propositions of law arise, and the question or questions of law to be answered.


Section 4. The certificate may be prepared by stipulation or as directed by such certifying court. When prepared and signed by the Chief Justice of the United States Supreme Court or by the presiding judge of the court of appeal of the United States, whichever be the certifying court, it shall be certified to the Supreme Court of this state by the clerk of the certifying court and under its official seal. The original or copies of all or any portions of the record before the certifying court, as it may direct or as either party may request, shall be filed with the said certificate. If all of the record has not been filed, the Supreme Court of Louisiana may in its discretion order that all or any portion of the remaining record be filed with a proper certificate as herein described.


Section 5. Fees and costs shall be the same as in civil cases docketed for this court and shall be equally divided between the parties unless otherwise ordered by this court or by the certifying court in its order of certification.

Section 6. No briefs with respect to the question or questions certified shall be filed by the parties until ordered by the Supreme Court of Louisiana. If so ordered, the appellant or moving party in the certifying court shall have thirty days from the date of the order to file and serve upon the adversary party its brief. The appellee or responding party in the certifying court shall have sixty days from the date of the order to file and serve upon its adversary its brief. In all other respects, the filing of the briefs shall be governed by Rule VII.


Section 7. Oral argument may be granted upon application or may be ordered by this court; if granted or ordered, order of and time for argument shall be governed by Rule VIII.


Section 8. When the constitutionality of an act of the legislature of this state affecting the public interest is drawn in question in a certification to which the State of Louisiana or an officer, agency, or employee thereof is not a party, this court shall notify the Attorney General, and shall permit the State of Louisiana to intervene for presentation of briefs and oral argument on the question of constitutionality.


Section 9. When a judgment is rendered by this court upon the question certified, it shall be sent by the clerk of this court under the seal of this court to the certifying court and to the parties.