2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 13 - Reservation Of Question To Supreme Court

CHAPTER 13 - RESERVATION OF QUESTION TO SUPREME COURT

 

1-13-101. Constitutional questions; generally.

 

When an important and difficult constitutional question arises in a proceeding pending before the district court on motion of either party or upon his own motion the judge of the district court may cause the question to be reserved and sent to the supreme court for its decision.

 

1-13-102. Constitutional questions; clerk's duties; rules.

 

When a question is reserved to the supreme court, the clerk of the district court shall transmit the original papers in the case involving the question to the clerk of the supreme court, who shall place the papers on file. The matter shall then stand for hearing by the supreme court, and the supreme court may make rules of procedure as it deems proper for the speedy hearing of the proceeding.

 

1-13-103. Constitutional questions; remand for further proceedings.

 

Upon hearing the supreme court may remand the case together with the original papers to the district court for further proceedings. The clerk of the supreme court shall certify the order of remand to the clerk of the district court, who shall immediately enter the case upon the journal of the district court, and when entered the order stands as the order of the district court.

 

1-13-104. Questions from federal courts; generally.

 

W.S. 1-13-104 through 1-13-107 is cited as the "Federal Court State Law Certificate Procedure Act".

 

1-13-105. Questions from federal courts; definitions.

 

(a) As used in this act:

 

(i) "Certificate procedure" means the procedure authorized herein by which a federal court in disposing of a cause pending before it submits a question of state law to the supreme court for determination;

 

(ii) "Federal court" means any court of the United States of America including the supreme court of the United States, courts of appeal, district courts and any other court created by act of congress;

 

(iii) "Supreme court" means the supreme court of Wyoming.

 

1-13-106. Questions from federal courts; authority of supreme court.

 

The supreme court may answer questions of law certified to it by a federal court when requested by the certifying court if there are involved in any proceeding before the federal court questions of law of this state which may be determinative of the cause then pending in the federal court, and as to which it appears to the federal court there is no controlling precedent in the existing decisions of the supreme court.

 

1-13-107. Questions from federal courts; rules.

 

The supreme court may adopt rules of practice and procedure to implement or otherwise facilitate utilization of certificate procedure.