Local Rule 7.4: Motion to Certify a Question to State Court
D. Neb. — Civil rule
7.4 Motion to Certify a Question to State Court.
A party may move to certify a question of state law to the highest court of that state when it appears that (a) an issue of that state's law is determinative of the case and (b) there is no clear controlling state law precedent. The moving party's brief must include a statement of the precise issue to be certified. If the court grants the motion, it orders the parties to prepare and file stipulated facts, which this court forwards to the state court. The filing fees and court costs of the state court must be paid directly to the clerk of the state court.