Rule 14 - Certification of Questions of Law by Federal Courts to the Supreme Court(a) Answer to Certified Questions. The Vermont Supreme Court may answer a question of Vermont law certified to it by a federal court if the answer might determine an issue in pending litigation and there is no clear and controlling Vermont precedent. The Supreme Court may decline to answer any question certified to it without providing any reasons for its decision. (b) Reformulation of Questions. The Court may reformulate a question of law certified to it. (c) Certification Order. The certifying court must: (1) issue a certification order; (2) forward the certification order to the Supreme Court Clerk; and(3) serve it on each party as provided for serving notice of appeal or rehearing in the certifying court. (d) Contents of Certification Order.A certification order must contain:
(1) the question of law to be answered; (2) the relevant facts, showing the nature of the controversy out of which the question arose. If the parties cannot agree on a statement of facts, the certifying court will determine the relevant facts and state them as a part of its certification order; (3) a statement acknowledging that the Supreme Court may reformulate the question; (4) the names and addresses of counsel of record and any self-represented parties; and(5) a statement assigning responsibility for payment of any entry fee required under Rule 3(b)(1) to one or more of the parties. (e) Record. Before responding to a certified question, the Supreme Court may request the certifying court to forward all or part of its record to the Court. If the request is not complied with, the Court may decline to answer the question. (f) Notice. The Supreme Court must notify the certifying court and the parties that it has accepted, reformulated, or declined to answer the question. (g) Procedure. After the certification order is received, the case will be docketed in accordance with Rule 12(a). If the Supreme Court accepts the case, any required entry fee for an appeal under Rule 3(b)(1) must be paid to the Supreme Court clerk within 14 days of entry of the order accepting the appeal. Rules 2, 25-32, 34-35, 39, 43-45, and 45.1 will govern the proceedings, where applicable. For purposes of this proceeding, the plaintiff, or the government, is considered the appellant.(h) Opinion. The Supreme Court will issue a written opinion answering the certified question. The clerk will send a copy of the opinion to the certifying court and serve it on the parties. (i) Costs. Parties must divide costs equally in a proceeding under this rule unless the certifying court orders otherwise. Added Oct. 19, 1999, eff. 12/31/1999; amended June 11, 2013, eff. 9/3/2013; amended July 13, 2021, eff. 8/17/2021.Reporter's Notes-2021 Amendment
Rule 14(g) is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing. Under amended (g), after a certification order is received, the Supreme Court opens the appeal. The entry fee is required after the Supreme Court accepts the appeal. The fee can be paid through Odyssey File and Serve, by sending a check to the Supreme Court, or by calling the Court for instructions on how to pay over the telephone.