Susan Yorke, California Appellate Law Group (Photo: Courtesy Photo) On Appeals: When the Court Phones a Friend: Certification of Questions of State Law
Given the increased interest in certification, litigators of all stripes should understand the rules governing it.
September 21, 2022 at 05:00 AM
7 minute read
Got a thorny question of state law in your federal case? The federal court certainly has the power to decide it. Indeed, federal courts routinely decide questions of state law, doing their best to make an "Erie guess" as to the right result. But just because the federal court can decide the question doesn't mean it will. There's another option: certifying the question to the appropriate state supreme court.
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