Supreme court may answer questions of law certified to it by certaincourts, procedure--fees and costs.
477.004. 1. The Missouri supreme court may answer questionsof Missouri law certified to it by the Supreme Court of theUnited States, a Court of Appeals of the United States, a UnitedStates District Court or a United States Bankruptcy Court ifthere are involved in any proceeding before the certifying courtquestions of Missouri law which may be relevant to the cause thenpending and as to which it appears to the certifying court thereis no controlling precedent in this state.
2. This section may be invoked by an order of any of thecourts referred to in subsection 1 of this section upon thecourt's own motion or upon the motion of any party to the cause.
3. A certification order issued under this section shall setforth the questions of law to be answered and a statement of allfacts relevant to the questions certified and showing fully thenature of the controversy in which the questions arose. Thecertification order shall be prepared by the certifying court,signed by the judge presiding at the hearing and forwarded to theMissouri supreme court by the clerk of the certifying court underits official seal. The Missouri supreme court may request theoriginal or copies of all or of any portion of the record beforethe certifying court to be filed with the certification order, ifin the opinion of the Missouri supreme court, the record orportion thereof may be necessary in answering the questions.
4. Nothing contained in this section shall require theMissouri supreme court to accept the certified case.
5. Fees and costs shall be the same as in civil appealsdocketed before the Missouri supreme court and shall be equallydivided between the parties unless otherwise ordered by thecertifying court in its order of certification.
6. Any written opinion of the Missouri supreme court statingthe law governing the questions certified shall be sent by theclerk under the seal of the Missouri supreme court to thecertifying court and to the parties.
7. If any provision of this section or the applicationthereof to any person, court, or circumstance is held invalid,the invalidity does not affect other provisions or applicationsof this section which can be given effect without the invalidprovision or application, and, to this end, the provisions ofthis section are severable.
Supreme court may answer questions of law certified to it by certaincourts, procedure--fees and costs.
477.004. 1. The Missouri supreme court may answer questionsof Missouri law certified to it by the Supreme Court of theUnited States, a Court of Appeals of the United States, a UnitedStates District Court or a United States Bankruptcy Court ifthere are involved in any proceeding before the certifying courtquestions of Missouri law which may be relevant to the cause thenpending and as to which it appears to the certifying court thereis no controlling precedent in this state.
2. This section may be invoked by an order of any of thecourts referred to in subsection 1 of this section upon thecourt's own motion or upon the motion of any party to the cause.
3. A certification order issued under this section shall setforth the questions of law to be answered and a statement of allfacts relevant to the questions certified and showing fully thenature of the controversy in which the questions arose. Thecertification order shall be prepared by the certifying court,signed by the judge presiding at the hearing and forwarded to theMissouri supreme court by the clerk of the certifying court underits official seal. The Missouri supreme court may request theoriginal or copies of all or of any portion of the record beforethe certifying court to be filed with the certification order, ifin the opinion of the Missouri supreme court, the record orportion thereof may be necessary in answering the questions.
4. Nothing contained in this section shall require theMissouri supreme court to accept the certified case.
5. Fees and costs shall be the same as in civil appealsdocketed before the Missouri supreme court and shall be equallydivided between the parties unless otherwise ordered by thecertifying court in its order of certification.
6. Any written opinion of the Missouri supreme court statingthe law governing the questions certified shall be sent by theclerk under the seal of the Missouri supreme court to thecertifying court and to the parties.
7. If any provision of this section or the applicationthereof to any person, court, or circumstance is held invalid,the invalidity does not affect other provisions or applicationsof this section which can be given effect without the invalidprovision or application, and, to this end, the provisions ofthis section are severable.
Supreme court may answer questions of law certified to it by certaincourts, procedure--fees and costs.
477.004. 1. The Missouri supreme court may answer questionsof Missouri law certified to it by the Supreme Court of theUnited States, a Court of Appeals of the United States, a UnitedStates District Court or a United States Bankruptcy Court ifthere are involved in any proceeding before the certifying courtquestions of Missouri law which may be relevant to the cause thenpending and as to which it appears to the certifying court thereis no controlling precedent in this state.
2. This section may be invoked by an order of any of thecourts referred to in subsection 1 of this section upon thecourt's own motion or upon the motion of any party to the cause.
3. A certification order issued under this section shall setforth the questions of law to be answered and a statement of allfacts relevant to the questions certified and showing fully thenature of the controversy in which the questions arose. Thecertification order shall be prepared by the certifying court,signed by the judge presiding at the hearing and forwarded to theMissouri supreme court by the clerk of the certifying court underits official seal. The Missouri supreme court may request theoriginal or copies of all or of any portion of the record beforethe certifying court to be filed with the certification order, ifin the opinion of the Missouri supreme court, the record orportion thereof may be necessary in answering the questions.
4. Nothing contained in this section shall require theMissouri supreme court to accept the certified case.
5. Fees and costs shall be the same as in civil appealsdocketed before the Missouri supreme court and shall be equallydivided between the parties unless otherwise ordered by thecertifying court in its order of certification.
6. Any written opinion of the Missouri supreme court statingthe law governing the questions certified shall be sent by theclerk under the seal of the Missouri supreme court to thecertifying court and to the parties.
7. If any provision of this section or the applicationthereof to any person, court, or circumstance is held invalid,the invalidity does not affect other provisions or applicationsof this section which can be given effect without the invalidprovision or application, and, to this end, the provisions ofthis section are severable.
