XII § 2 Initiation of Certification

Federal courts sometimes need help answering a tricky question about Louisiana law. This rule explains how that process can get started.

A federal court can decide on its own to ask the Louisiana Supreme Court for guidance on a legal question. This is called certification. The federal court doesn't have to wait for anyone to ask; it can raise the issue itself if the judge thinks it's needed.

The parties involved in the case can also bring up the idea. If you're part of a lawsuit in federal court and you believe an unclear point of Louisiana law needs to be answered by the state's highest court, you or your lawyer can suggest that the federal court certify the question. Either way, the federal court still makes the final call on whether to send the question to the Louisiana Supreme Court.