Rule RAP 50 - Certification of Question of Law to or from the Supreme Court(A)Power to Answer Federal Court or Sister State Highest Court. If in any proceeding before any federal court or the highest appellate court of any other state or the District of Columbia, questions of law of this state may be determinative of the cause then pending before that originating court, and it appears to that court or a party that there is no controlling precedent in the decisions of the Supreme Court and the Court of Appeals of this state, a request that the Kentucky Supreme Court certify the law may be made by the originating court.(B)Procedure for Request. Certification of the law may be requested by any of the courts referred to in paragraph (A) of this rule either upon the requesting court's own motion or upon motion to the requesting court by any party to the cause before it. Other than the Commonwealth of Kentucky, as set forth in paragraph (J) below, no party may directly request certification from the Kentucky Supreme Court.(C)Contents of Certification Request. The request for certification shall set forth: (1) the questions of law to be answered;(2) a statement of all facts relevant to the questions certified showing fully the nature of the controversy in which the questions arose;(3) the names of each appellant and appellee; and(4) the names and addresses of counsel for each appellant and appellee.(D)Preparation of Request for Certification. A request from any of the courts referred to in paragraph (A) of this rule shall be prepared by the originating court, signed by the judge presiding at the hearing, and 10 copies shall be forwarded to the Supreme Court by the clerk of the originating court under its official seal. The Supreme Court may require the original or copies of all or such portion of the record before the originating court as it deems necessary.(E)Disposition by Supreme Court of Kentucky.(1) An order denying the request for certification of the law will not be reconsidered.(2) Upon entry of an order granting the request for certification, the matter shall be docketed in the same manner as in a civil appeal. The filing fee in the Supreme Court shall be equally divided between the parties unless otherwise ordered by the originating court, and each party shall pay its share of the filing fee within 30 days of the date of the entry of the order granting certification.(F)Briefs and Argument. Within 30 days of the date of the order granting certification, each of the parties desiring to be heard shall file with the clerk of the Supreme Court 10 copies of a brief setting forth the party's arguments. Oral arguments will not be required or permitted unless so ordered by the Supreme Court.(G)Opinion. The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties.(H)Procedure on Certifying. The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state or district.(I)Power to Certify. The Supreme Court, on its own motion or on the motion of any party, may order certification of questions of law to the highest court of any state or the District of Columbia when it appears to the Supreme Court that there are involved in any proceedings before the Supreme Court questions of law of the receiving state or district which may be determinative of the cause then pending in the Supreme Court and it appears to the Supreme Court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state.(J)Request for Certification of Law by the Commonwealth. A request by the Commonwealth of Kentucky pursuant to Section 115 of the Constitution of Kentucky for a certification of law shall be initiated in the Supreme Court. The request shall be initiated within 30 days of a final order adverse to the Commonwealth. The Commonwealth shall initiate the certification procedure by motion requesting the Supreme Court to accept review. The motion shall contain the same elements as provided in section (C) of this rule. The motion shall be served and response permitted in conformity with the rules applicable to motion practice in the Supreme Court. Ten copies of the request for certification by the Commonwealth and the response, if any, shall be filed with the Clerk of the Supreme Court. If the motion is granted, thereafter the case shall proceed in the same manner as any other criminal appeal.Adopted by order 2022-49, eff. 1/1/2023.