10th Cir. R. 27.4: Certification of questions of state law

(A) Certification; abatement. When state law permits, this court may:

(1) certify a question arising under state law to that state’s highest court according to that court’s rules; and

(2) abate the case in this court to await the state court’s decision of the certified question.

(B) Motion. The court may certify on its own or on a party’s motion.

(C) Time to file. A motion to certify should be filed at the same time as, but separately from, the moving party’s brief on the merits.

(D) Response; time to file. A response may be filed at the same time as the answer or reply brief or within 14 days after the motion is served. The time to file a reply is governed by Federal Rule of Appellate Procedure 27(a)(4).

(E) When considered. A motion to certify is ordinarily referred to the panel of judges assigned to decide the appeal on the merits and is considered at the same time as the arguments on the merits.

(F) Additional hard copies of briefs and other materials. If a motion to certify is granted, the parties may be ordered to submit additional copies of the briefs, appendix, motion to certify, and any other materials required by the state supreme court.