Chapter 13 - Reservation Of Question To Supreme Court
CHAPTER 13 - RESERVATION OF QUESTION TO SUPREME COURT
1-13-101. Constitutional questions; generally.
Whenan important and difficult constitutional question arises in a proceedingpending before the district court on motion of either party or upon his ownmotion the judge of the district court may cause the question to be reservedand sent to the supreme court for its decision.
1-13-102. Constitutional questions; clerk's duties; rules.
Whena question is reserved to the supreme court, the clerk of the district courtshall transmit the original papers in the case involving the question to theclerk of the supreme court, who shall place the papers on file. The mattershall then stand for hearing by the supreme court, and the supreme court maymake rules of procedure as it deems proper for the speedy hearing of theproceeding.
1-13-103. Constitutional questions; remand for further proceedings.
Uponhearing the supreme court may remand the case together with the original papersto the district court for further proceedings. The clerk of the supreme courtshall certify the order of remand to the clerk of the district court, who shallimmediately enter the case upon the journal of the district court, and whenentered 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 LawCertificate Procedure Act".
1-13-105. Questions from federal courts; definitions.
(a) As used in this act:
(i) "Certificate procedure" means the procedureauthorized herein by which a federal court in disposing of a cause pendingbefore it submits a question of state law to the supreme court fordetermination;
(ii) "Federal court" means any court of the UnitedStates of America including the supreme court of the United States, courts ofappeal, district courts and any other court created by act of congress;
(iii) "Supreme court" means the supreme court ofWyoming.
1-13-106. Questions from federal courts; authority of supreme court.
Thesupreme court may answer questions of law certified to it by a federal courtwhen requested by the certifying court if there are involved in any proceedingbefore the federal court questions of law of this state which may bedeterminative of the cause then pending in the federal court, and as to whichit appears to the federal court there is no controlling precedent in theexisting decisions of the supreme court.
1-13-107. Questions from federal courts; rules.
Thesupreme court may adopt rules of practice and procedure to implement orotherwise facilitate utilization of certificate procedure.