Rule 14 Certified Legal Questions: From Commonwealth Officials

(a) When Appropriate.

(1) Appropriate Parties. To certify a legal question under this rule, parties must be Commonwealth officials either:

(A) Elected by the people; or

(B) Appointed by the Governor.

(2) Appropriate Subject. The dispute must relate to the parties exercising their powers or responsibilities under the NMI Constitution or any Commonwealth statute.

(b) How Brought. The parties must prepare a Petition and file it with this Court.

(1) Contents of Petition. The Petition must stipulate the following:

(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 and Filing the Petition. The Petition shall be jointly prepared by the parties or their attorneys if represented, signed by each party, and filed with this Court.

(c) Procedure in This Court.

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

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

(A) Clarification. If the Court believes any aspect of the Petition requires clarification, the Court may require the parties to amend the Petition accordingly.

(B) Dismissal for Insufficiency. If the parties are unable or unwilling to provide sufficient clarification or the portion of the record as requested by the Court, the Court may reject the Petition 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.

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

(B) These rules control briefing to the extent not specifically contradicted by the briefing schedule or Court order.

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