Motion for Certification to State Supreme Court
A “motion for certification to state supreme court” is a legal request asking a lower court to certify a question of law to be answered by the state supreme court.
To file a motion for certification to state supreme court, the party must comply with the state supreme court’s rules and timelines. They must provide a valid reason for seeking certification, such as the question of law being of significant public importance. The motion must be filed in the court where the case is pending.
How to Draft
When drafting a motion for certification to state supreme court, the moving party should clearly state the question of law to be certified and explain why it is of significant public importance. They should provide any relevant legal arguments, case law, or statutes that support their position. The motion should include a proposed order for the court’s consideration.
Once the motion is drafted, it should be filed with the court clerk, and copies should be served to all parties involved in the case. Some jurisdictions may require a hearing on the motion, and proper notice must be given to all parties.
In conclusion, filing a motion for certification to state supreme court is an essential step for parties seeking clarity on a significant question of law. By understanding the requirements, carefully drafting the motion, and following the proper filing procedures, parties can increase their chances of success in their legal proceedings.