Rule 17 - Certified questions(a) Certified questions by a West Virginia circuit court or administrative tribunal. (1)Certification order-contents. In cases where questions have been certified pursuant to the provisions of West Virginia Code § 5-11-11, § 23-5-15, or § 58-5-2, the order of certification complying with statutory requirements must further contain a concise statement of each question of law, the answer to each question of law by the circuit court or administrative tribunal, a notation of the extent to which the action is stayed pending resolution of the certified questions, and a directive to the parties to prepare a joint appendix of the record sufficient to permit review of the certified questions.(2)Transmittal of certification order. Upon entry of the order of certification, the clerk of the circuit court or the administrative tribunal is directed to transmit the order certifying questions and a list of the docket entries in the case to the Clerk of Court.(3)Scheduling order. As soon as practicable after receipt of the order of certification, the Supreme Court will issue a scheduling order, and the case will proceed in accordance with Rule 5 through Rule 10. The scheduling order shall designate which party in the case is responsible for filing the petitioner's brief and which party is responsible for filing the respondent's brief.(4)Joint Appendix. As directed in the order of certification or as directed by the Supreme Court, the parties to a certified question case must file a joint appendix that complies with the format, page numbering, and general requirements in Rule 7. The joint appendix must be filed at the same time the petitioner's brief is filed, unless otherwise provided.(5)Briefs. Briefs in certified question cases are subject to Rule 10 and to the page limitation required by Rule 38; provided, however, that briefs in certified question cases need not strictly comply with the content requirements for assignments of error in Rule 10(c)(3). Instead, the petitioner's brief must assign the specific points of legal error that arise from the circuit court's answer to the certified question, with the respondent's brief to follow a similar pattern. The Supreme Court may modify the briefing schedule in order to suit the circumstances of the case.(6)Consideration of the question. After the response brief or summary response has been filed, and any reply brief deemed necessary has been filed (or the time for filing a reply has expired), the certified question is deemed to be mature for full consideration by the Supreme Court. Upon its consideration, the Supreme Court may, in its discretion, schedule the case for argument under Rule 19 or Rule 20, issue an order declining to accept the certified question, or issue an otherwise appropriate order.(b) Certified questions by federal and other courts.(1)Certification order-transmittal. In cases where questions have been certified pursuant to the provisions of the Uniform Certification of Questions of Law Act, West Virginia Code § 51-1 A-l, et seq., the clerk of the court where the certification order was entered is required to transmit the order certifying questions and a list of the docket entries in the case to the Clerk of Court.(2)Scheduling order. As soon as practicable after receipt of the order of certification, the Supreme Court will issue a scheduling order, and the case will proceed in accordance with subsection (a) of this Rule, except that the Supreme Court may suspend briefing until after the Supreme Court has determined whether to accept the certified questions.(3)Consideration of the question. At a date set forth in the scheduling order, or, if briefing has been ordered, after the response brief or summary response has been filed, and any reply brief deemed necessary has been filed (or the time for filing a reply has expired), the certified question is deemed to be mature for full consideration by the Supreme Court. Upon its consideration, the Supreme Court may, in its discretion, schedule the case for argument under Rule 19 or Rule 20, issue an order declining to accept the certified question, or issue an otherwise appropriate order.(c)Order declining to accept. An order declining to accept a certified question is not subject to the rehearing procedure in Rule 25.Amended June 15, 2022, effective 7/1/2022.