Also known as: certifies a question · certified a question · certifying a question · certification of a question · certified question · certification
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a federal court stays its proceedings and formally asks a state high court to answer an open question of state law.
Christopher Collins moved to compel responses from Cobalt Energy after repeated delays. His attorney included a statement that good-faith efforts to confer had been made. The court accepted the motion because the required certification accompanied the filing.
Cade Carpenter was stopped for speeding and a narcotics dog alerted on his vehicle. Officers relied on the dog's training records and certification rather than field statistics. The alert supplied probable cause for the search.
Citadel Security sought a protective order limiting burdensome document requests from Compass Logistics. Counsel certified that good-faith talks had occurred before filing. The court evaluated the motion on its merits after confirming the certification.
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Colin Chambers filed a diversity class action for interest recovery that New York law would have barred. The court applied Federal Rule of Civil Procedure 23 to decide certification. The federal rule controlled because it addressed procedure without altering substantive rights.
Chloe Chen signed a discovery response without reasonable inquiry into its factual basis. The court found the certification lacked substantial justification. Sanctions including attorney fees were imposed on the signer and the party.
Charlotte Chung submitted a bar questionnaire containing misstatements about prior residences and employment. The reviewing body treated the inaccuracies as evidence of dishonesty. Certification for admission was denied on character grounds.
A federal court may certify when an unsettled question of state law is dispositive and the state permits the procedure. The federal court stays the case pending the state court's answer.
The motion must include a certification that the movant conferred or attempted to confer in good faith with the opposing party to resolve the dispute without court action.
Yes, evidence of the dog's training and certification can establish reliability even without field performance statistics, absent special circumstances undermining the alert.
The movant must certify that good-faith efforts were made to confer with affected parties before seeking court intervention.
Sanctions are mandatory when the certification violates the rule without substantial justification and may include payment of reasonable expenses and attorney fees.
…to become a merger agreement in principle." The United States Court of Appeals for the Sixth Circuit affirmed the class certification, but reversed the District Court's summary judgment, and remanded the case. 786 F. 2d 741 (1986). The court reasoned that while petitioners were under no general duty to disclose their…