§ 3.9.2 Certification of Questions To Supreme Court.

• Jurisdiction: Arizona

§ 3.9.2 Certification of Questions To Supreme Court. The supreme court is permitted in its discretion to answer questions of law certified to it by a federal court or a court of last resort of a federally recognized Indian tribe within the boundaries of the state of Arizona, when requested under circumstances described in A.R.S. § 12-1861. See R.S.C. 27 (which expands statutory provision to encompass all federal courts, and narrows statutory authorization from all tribal courts to those within Arizona). The supreme court has also accepted certified questions from bankruptcy courts. See In re Krohn, 203 Ariz. 205, 206, ¶ 2, 52 P.3d 774, 775 (2002); In re Price Waterhouse Ltd., 202 Ariz. 397, 398, ¶ 1, 46 P.3d 408, 409 (2002); In re Am. W. Airlines, Inc.,179 Ariz. 528, 880 P.2d 1074 (1994).

R.S.C. 27 generally provides for simultaneous briefs and discretionary oral arguments concerning the issues presented. Motions and other procedures under this rule are governed by the ARCAP.

The supreme court has held it has some flexibility in answering a certified substantive question and, in so doing, the prerogative to reframe the...