Rule 13 Certified Questions: From Federal Court

(a) When Appropriate. A federal court may certify to this Court questions of Commonwealth law where the federal court finds that:

(1) The question may be determinative in the proceedings before it; and

(2) There is no controlling precedent from this Court.

(b) How Brought. To certify a question, the federal court must prepare a Certification Order and forward it to this Court.

(1) Contents of the Certification Order. The Certification Order must set forth:

(A) The question or questions of law to be answered;

(B) A statement of facts explaining the controversy from which the question or questions of law arose; and

(C) Each party’s name and contact information, or attorney’s name and contact information if represented.

(2) Preparing the Certification Order. The Certification Order shall be prepared by the certifying court and signed by the judge presiding over the proceedings from which the certified question originates.

(3) Forwarding the Certification Order. The clerk of the certifying court shall forward the Certification Order under official seal to this Court.

(c) Procedure in This Court.

(1) Docketing. Immediately upon receiving a Certification Order, the Clerk shall docket and forward it to the Court.

(2) Preliminary Examination. The Court shall preliminarily examine the Certification Order for sufficiency.

(A) Clarification. If the Court believes any aspect of the Certification Order requires clarification, the Court may require the certifying court to amend the Certification Order accordingly.

(B) Record. If the Court determines all or any portion of the record before the certifying court would be beneficial in answering the certified question, the Court may require such portion be appended to the Certification Order.

(C) Dismissal for Insufficiency. If the certifying court is unable or unwilling to provide sufficient clarification or the portion of the record as requested by the Court, the Court may reject the Certification Order as insufficient.

(3) Order Accepting or Refusing the Question. The Court will issue an order either accepting or refusing the question at its sole discretion with or without cause.

(4) Briefing. If the Court determines the case should be briefed, a briefing schedule will be set and the parties notified. These rules control briefing to the extent not specifically contradicted by the briefing schedule or Court order.

(A) Acceptance of Briefs. No briefs will be accepted other than those pursuant to a briefing schedule.

(B) Citing to Record. A party wishing to direct the Court’s attention to any portion of the record before the certifying court shall:

(i) If the portion is appended to the Certification Order, cite that portion of the Certification Order; or

(ii) If the portion has not been appended to the Certification Order, append the portion to the brief.

(5) Oral Argument. If the Court determines that the case should be argued, oral arguments will be set and the parties notified.

(d) Costs. Costs shall be the same as in civil appeals.

(1) Borne Equally. Costs shall be equally divided between the parties unless:

(A) Otherwise ordered by the certifying court in its Certification Order; or

(B) Otherwise ordered by this Court.

(2) Commonwealth Exempted. If the Commonwealth government or any of its instrumentalities is a party, it shall be exempted from paying its divided share.

(e) Certification. The Clerk shall certify the opinion in response to the Certification Order within 30 days after the issuance of such opinion.