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NC H157

Bill

Status

Introduced

2/21/2017

Primary Sponsor

John Faircloth

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Establishes a mechanism allowing federal courts to certify questions of North Carolina state law to the North Carolina Supreme Court for interpretation.

  • Federal courts may certify questions when the case involves North Carolina state law, the answer may be determinative of an issue, and no controlling statute or appellate decision exists.

  • North Carolina Supreme Court may accept and answer certified questions if they may determine an issue in the pending federal case and no controlling state statute or appellate decision exists.

  • Certification orders must contain the legal question, relevant facts showing the nature of the controversy, and names and addresses of counsel and unrepresented parties.

  • North Carolina Supreme Court must notify the certifying federal court of acceptance or rejection within 30 days, and if accepted, must resolve the question within 60 additional days.

Legislative Description

Certifying Question Mechanism

Last Action

Re-ref Com On Rules, Calendar, and Operations of the House

3/1/2017

Committee Referrals

Rules, Calendar, and Operations of the House3/1/2017
Judiciary III2/22/2017

Full Bill Text

No bill text available