20-3016. Request by court of appeals to transfer case to supreme court; certification of jurisdiction and findings; rules of supreme court; disposition of case by supreme court.

20-3016

Chapter 20.--COURTS
Article 30.--COURT OF APPEALS

      20-3016.   Request by court of appeals to transfer case to supremecourt; certification of jurisdiction and findings; rules of supreme court;disposition of case by supreme court.(a) The court of appeals, prior to final determination of any casebefore it, may request that such case be transferred to the supreme courtfor its review and final determination by certifying to the supreme courtthat the case is within the jurisdiction of the supreme court and that thecourt of appeals has made one (1) or more of the following findings withrespect to such case:

      (1)   One or more issues in such case are not within the jurisdiction ofthe court of appeals;

      (2)   the subject matter of the case has significant public interest;

      (3)   the case involves legal questions of major public significance; or

      (4)   the caseload of the court of appeals is such that the expeditiousadministration of justice requires such transfer.

      (b)   Any certification of findings and request for transfer of a casepursuant to subsection (a) shall be made in the manner and form prescribedby rules of the supreme court. The supreme court shall consider suchcertification and may accept the case for review and final determination ormay decline jurisdiction and order that the case be determined by the courtof appeals.

      History:   L. 1975, ch. 178, § 16; July 1.