GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                   D

HOUSE BILL DRH40097-MS-62   (02/15)

Short Title:      Certifying Question Mechanism.		(Public)
Sponsors:	Representatives Faircloth and Stevens (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT to provide a certifying question mechanism to allow federal courts to have the north carolina supreme court determine federal cases involving the interpretation of state law.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 5 of Chapter 7A of the General Statutes is amended by adding a new section to read:

"§ 7A‑27A.  Certifying question mechanism.

(a) A federal court, on the motion of a party to a pending cause or its own motion, may certify a question of law to the North Carolina Supreme Court if:

(1) The pending cause involves a question to be decided under North Carolina State law;

(2) The answer to the question may be determinative of an issue in the pending cause; and

(3) The question is one for which no answer is provided by either a controlling statute or appellate decision of the State courts.

(b) The North Carolina Supreme Court may answer a question of law certified to it by a federal court if the answer may be determinative of an issue in a pending cause in the certifying court and if there are no controlling statute or appellate decision of this State.

(c) A certification order under subsection (a) of this section shall contain:

(1) The question of law to be answered;

(2) The facts relevant to the question, showing fully the nature of the controversy out of which the question arose; and

(3) The names and addresses of counsel of record and unrepresented parties.

If the parties cannot agree upon a statement of facts, then the certifying court shall determine the relevant facts and shall state them as a part of its certification order.

(d) The federal court certifying a question under subsection (a) of this section shall issue the certification order and shall forward it to the North Carolina Supreme Court. The North Carolina Supreme Court, either before or after accepting a certified question, may require the federal court certifying the question to deliver its record, or any portion of the record. The North Carolina Supreme Court shall notify the federal court certifying the question of its acceptance or rejection of the question within 30 days. If accepted, the question shall be resolved within 60 additional days."

SECTION 2.  This act is effective when it becomes law.