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;
(2) A statement of all facts relevant to the questions certified;
(3) The nature of the controversy in which the questions arose; and
(4) A designation of the party or parties who will be the appellant(s), i.e. the party holding the affirmative, in the appellate court.

(e) Preparation of Certification Order.

(1) The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing and forwarded to the Supreme Court by the clerk of the certifying court under the official seal of the court. The Supreme Court may require the original or copies of all, or of any portion, of the record before the certifying court, to be filed under the certification order, if, in the opinion of the Supreme Court, the record or any portion may be necessary in answering the questions.
(2) The Supreme Court shall accept or rejected a certified question within 60 days after receiving the certification order. A request for certification is deemed denied if not granted within 60 days after filing in the Supreme Court.

(f) Costs. Fees and costs shall be the same as in civil appeals docketed before the Supreme Court. Payment of the docketing fee shall be borne by the party seeking certification. If both parties seek certification, then the parties shall each pay one-half of the docketing fee. In any other circumstances, fees and costs shall be...