VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 38. Certification of Questions of Law

• Jurisdiction: United States

Rule 38. Certification of Questions of Law

(a) Generally. The Supreme Court of the Virgin Islands may answer questions of law certified to it by a court of the United States or the court of last resort of a state, the District of Columbia, or a territory of the United States, if there is involved in any proceeding before the certifying court a question of law which may be determinative of the cause then pending in the certifying court and concerning which it appears there is no controlling precedent in the decisions of the Supreme Court.

(b) Method of Invoking. A request for certification under this rule may be invoked upon the motion of the court or of any party to the cause.

(c) Right to Reformulate. The Supreme Court of the Virgin Islands may reformulate a question of law certified to it.

(d) Contents of Certification Order. A certification order shall set forth:

(1) The questions of law to be answered;

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