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Rule 41. Certification ofquestions of law by United States courts.

(a) Authorization toanswer questions of law. The Utah Supreme Court may answer a question ofUtah law certified to it by a court of the United States when requested to doso by such certifying court acting in accordance with the provisions of thisrule if the state of the law of Utah applicable to a proceeding before thecertifying court is uncertain.

(b) Procedure toinvoke. Any court of the United States may invoke this rule by entering anorder of certification as described in this rule. When invoking this rule, thecertifying court may act either sua sponte or upon a motion by any party.

(c) Certificationorder.

(1) A certification order shall bedirected to the Utah Supreme Court and shall state:

(A) the question of law to beanswered;

(B) that the question certified isa controlling issue of law in a proceeding pending before the certifying court;and

(C) that there appears to be nocontrolling Utah law.

(2) The order shall also set forthall facts which are relevant to the determination of the question certified andwhich show the nature of the controversy, the context in which the questionarose, and the procedural steps by which the question was framed.

(3) The certifying court may alsoinclude in the order any additional reasons for its entry of the certificationorder that are not otherwise apparent.

(d) Form ofcertification order; submission of record. A certification order shall besigned by the judge presiding over the proceeding giving rise to thecertification order and forwarded to the Utah Supreme Court by the clerk of thecertifying court under its official seal. The Supreme Court may require thatall or any portion of the record before the certifying court be filed with theSupreme Court if the record or a portion thereof may be necessary indetermining whether to accept the certified question or in answering thatquestion. A copy of the record certified by the clerk of the certifying courtto conform to the original may be substituted for the original as the record.

(e) Acceptance orrejection of certification. Upon filing of the certification order andaccompanying papers with the clerk, the Supreme Court shall promptly enter anorder either accepting or rejecting the question certified to it, and the clerkshall serve copies of the order upon the certifying court and all partiesidentified in the certification order. If the Supreme Court accepts thequestion, the Court will set out in the order of acceptance (1) the specificquestion or questions accepted, (2) the deadline for notifying the SupremeCourt as to those portions of the record which shall be copied and filed withthe Clerk of the Supreme Court, and (3) information as to when the briefingschedule will be established.

(f) Briefing; oralargument. The form of briefs and proceedings on oral argument will begoverned by these rules except as such rules may be modified by the SupremeCourt to accommodate the differences between the appeal process and thedetermination of a certified question. The clerk of the Supreme Court willprovide written notice to the parties as to the schedule for the filing ofbriefs and content requirements, as well as the schedule and procedures fororal argument.

(g) Appearance ofcounsel pro hac vice. Upon acceptance by the Supreme Court of the questionof law presented by the certification order, counsel for the parties notlicensed to practice law in the state of Utah may appear pro hac vice uponmotion filed pursuant to the Code of Judicial Administration.

(h) Issuance ofopinion on certified questions. The Supreme Court will issue a writtenopinion that will be published and reported. A copy of the opinion shall betransmitted by the clerk under the seal of the Supreme Court to the certifyingcourt and to the parties identified in the certification order.

AdvisoryCommittee Note