Ind. Appellate Rule 64

Courts

Effective July 1, 2016

A. Applicability.

The United States Supreme Court, any federal circuit court of appeals, or any federal district

court may certify a question of Indiana law to the Supreme Court when it appears to the federal court that a proceeding presents an issue of state law that is determinative of the case

and on which there is no clear controlling Indiana precedent.

B. Procedure.

The federal court shall certify the question of Indiana law and transmit the following to the

Clerk:

(1) a copy of the certification of the question;

(2) a copy of the case docket, including the names of the parties and their counsel; and

(3) appropriate supporting materials.

Federal courts certifying questions to the Supreme Court are exempt from the requirements

of Rule 68(C)(1); however, federal courts wishing to submit certified questions and attendant

materials electronically rather than conventionally may contact the Clerk. The Supreme Court

will issue an order either accepting or refusing the question. If accepted, the Supreme Court

may establish by order a briefing schedule on the certified question.

XII. Court Procedures, Powers and Decisions