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Rule 43. Certification by theCourt of Appeals to the Supreme Court.

(a) Transfer. Inany case over which the Court of Appeals has original appellate jurisdiction,the court may, upon the affirmative vote of four judges of the court, certify acase for immediate transfer to the Supreme Court for determination.

(b) Procedure fortransfer.

(1) The Court of Appeals may, onits own motion, decide whether a case should be certified. Any party to a casemay, however, file and serve an original and eight copies of a suggestion forcertification not exceeding five pages setting forth the reasons why the partybelieves that the case should be certified. The suggestion may not be filedprior to the filing of a docketing statement. Within ten days of service, an adverseparty may file and serve an original and eight copies of a statement not inexcess of five pages either supporting or opposing the suggestion forcertification.

(2) Upon entry of the order ofcertification, the Clerk of the Court of Appeals shall immediately transfer thecase, including the record and file of the case from the trial court, allpapers filed in the Court of Appeals, and a written statement of all docketentries in the case up to and including the certification order, to the Clerkof the Supreme Court. The Clerk of the Court of Appeals shall promptly notifyall parties and the clerk of the trial court that the case has beentransferred.

(3) Upon receipt of the order ofcertification, the Clerk of the Supreme Court shall enter the appeal upon thedocket of the Supreme Court. The clerk of the Supreme Court shall immediatelysend notices to all parties and to the clerk of the trial court that the casehas been docketed and that all further filings will be made with the Clerk ofthe Supreme Court. The notice shall state the docket number assigned to thecase in the Supreme Court. The case shall proceed before the Supreme Court tofinal decision and disposition as in other appellate cases pursuant to theserules.

(4) If the record on appeal has notbeen filed with the Clerk of the Court of Appeals as of the date of the orderof transfer, the Clerk of the Court of Appeals shall notify the clerk of thetrial court that upon completion of the conditions for filing the record bythat court, the clerk shall transmit the record on appeal to the Clerk of theSupreme Court. If, however, the record on appeal has already been transmittedto and filed with the Clerk of the Court of Appeals as of the date of the entryof the order of transfer, the Clerk of the Court of Appeals shall transmit therecord on appeal to the Clerk of the Supreme Court within five days of the dateof the entry of the order of transfer.

(c) Criteria fortransfer. The Court of Appeals shall consider certification only in thefollowing cases:

(1) Cases which are of such anature that it is apparent that the case should be decided by the Supreme Courtand that the Supreme Court would probably grant a petition for a writ ofcertiorari in the case if decided by the Court of Appeals, irrespective of howthe Court of Appeals might rule, and

(2) Cases which will govern anumber of other cases involving the same legal issue or issues pending in thedistrict courts, juvenile courts or the Court of Appeals or which are cases offirst impression under state or federal law which will have wide applicability.

AdvisoryCommittee Note