Civil Procedure - L.B. 724: Requests for Certification of State Law
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Authors
Issue Date
1983
Volume
16
Issue
Type
Journal Article
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Abstract
FIRST PARAGRAPH(S)|Nebraska has joined a number of other states in providing for the certification of questions of law to the Nebraska Supreme Court by federal courts. With the adoption of L.B. 724, the supreme court may now answer questions of law certified to it by the United States Supreme Court, a Court of Appeals of the United States, or a United States District Court. The statute, codified as sections 24-219 to -225, requires the question of state law be determinative of the action pending in the certifying court and that the certifying court find a lack of controlling precedent in existing decisions. |The certification process may be invoked upon motion of the federal court, or upon motion to that court by any attorney involved in the case. However the process is initiated, the certification request must set forth: (1) the question of law to be answered; and (2) a statement of all facts relevant to the questions certified, showing fully the nature of the controversy in which the question arose. Strict compliance with the certification procedure does not, however, ensure a decision. The statute reserves to the Nebraska Supreme Court absolute discretion in accepting or rejecting a certification request. The court may reject a request by simply not acting within sixty days of receipt of the question. But, should the court accept the request, it must provide an expedited briefing and hearing process so that resolution of the question is prompt...
Description
Citation
16 Creighton L. Rev. 251 (1982-1983)
Publisher
Creighton University School of Law