|1997 Rules of Appellate Procedure|
|Rule 53||Rule 54||Rule 55||Rule 56||Rule 57||Rule 58||Rule 59||Rule 60|
|Rule 61||Rule 62||Rule 63||Rule 64||Rule 65|
RULE 58. CERTIFICATION OF QUESTIONS OF LAW BY UNITED STATES COURTS
58.1 Certification. The Supreme Court of Texas may answer questions of law certified to it by any federal appellate court if the certifying court is presented with determinative questions of Texas law having no controlling Supreme Court precedent. The Supreme Court may decline to answer the questions certified to it.
58.2 Contents of the Certification Order. An order from the certifying court must set forth:
(a) the questions of law to be answered; and
(b) a stipulated statement of all facts relevant to the questions certified, showing fully the nature of the controversy in which the questions arose.
58.3 Transmission of Certification Order. The clerk of the certifying court must send to the clerk of the Supreme Court of Texas the following:
(a) the certification order under the certifying courts official seal;
(b) a list of the names of all parties to the pending case, giving the address and telephone number, if known, of any party not represented by counsel; and
(c) a list of the names, addresses, and telephone numbers of counsel for each party.
58.4 Transmission of Record. The certifying court should not send the Supreme Court of Texas the record in the pending case with the certification order. The Supreme Court may later require the original or copies of all or part of the record before the certifying court to be filed with the Supreme Court clerk.
58.5 Fees and Costs. Unless the certifying court orders otherwise in its certification order, the parties must bear equally the fees under Rule 5.
58.6 Notice. If the Supreme Court agrees to answer the questions certified to it, the Court will notify all parties and the certifying court. The Supreme Court clerk must also send a notice to the Attorney General of Texas if:
(a) the constitutionality of a Texas statute is the subject of a certified question that the Supreme Court has agreed to answer; and
(b) the State of Texas or an officer, agency, or employee of the state is not a party to the proceeding in the certifying court.
58.7 Briefs and Oral Argument.
(a) Briefs . The appealing party in the certifying court must file a brief with the Supreme Court clerk within 30 days after the date of the notice. Opposing parties must file an answering brief within 20 days after receiving the opening brief. Briefs must comply with Rule 55 to the extent its provisions apply. On motion complying with Rule 10.5(b), either before or after the brief is due, the Supreme Court may extend the time to file a brief.
(b) Oral Argument . Oral argument may be granted either on a party's request or on the Court's own initiative. Argument is governed by Rule 59.
58.8 Intervention by the State. If the constitutionality of a Texas statute is the subject of a certified question that the Supreme Court has agreed to answer the State of Texas may intervene at any reasonable time for briefing and oral argument (if argument is allowed), on the question of constitutionality.
58.9 Opinion on Certified Questions. If the Supreme Court has agreed to answer a certified question, it will hand down an opinion as in any other case.
58.10 Answering Certified Questions. After all motions for rehearing have been overruled, the Supreme Court clerk must send to the certifying court the written opinion on the certified questions. The opinion must be under the Supreme Court's seal.
Notes and Comments
Comment to 1997 change: This is former Rule 114. The rule is substantially revised, but no substantive change in procedure is intended, except subdivision 58.10 now allows a motion for rehearing.
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Last modified: March 25, 2010