CERTIFYING QUESTION MECHANISM.

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View NCGA Bill Details2017-2018 Session
House Bill 157 (Public) Filed Tuesday, February 21, 2017
AN ACT TO PROVIDE A CERTIFYING QUESTION MECHANISM TO ALLOW FEDERAL COURTS TO HAVE THE NORTH CAROLINA SUPREME COURT DETERMINE FEDERAL CASES INVOLVING THE INTERPRETATION OF STATE LAW.
Intro. by Faircloth, Stevens, Jordan, Davis.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Mar 1 2017)
H 157

Bill Summaries:

  • Summary date: Feb 21 2017 - View Summary

    Enacts new GS 7A-27A to allow a federal court, on the motion of a party to a pending cause or its own motion, to certify a question of law to the North Carolina Supreme Court if the: (1) pending cause involves a question to be decided under North Carolina State law, (2) answer to the question may be determinative of an issue in the pending cause, and (3) question is one for which no answer is provided by either a controlling statute or appellate decision of the State courts. Allows the North Carolina Supreme Court to answer a question of law certified to it by a federal court if the answer may be determinative of an issue in a pending cause in the certifying court and if there are no controlling statutes or appellate decisions of this State. Sets out the items that must be contained in a certification order. Requires the federal court certifying a question to issue the certification order and forward it to the North Carolina Supreme Court. Allows the North Carolina Supreme Court to require the federal court certifying the question to deliver its record, or any portion of the record. Requires the North Carolina Supreme Court to notify the federal court certifying the question of its acceptance or rejection of the question within 30 days, and if accepted, requires the question to be resolved within 60 additional days.