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Spring 2022 - Article

Certification of Legal Questions to State Courts

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Many states allow federal courts to certify a question to the state’s highest court when faced with a significant but unsettled question of state law, which affords the benefits of upholding principles of comity and increasing efficiency in the judicial process. However, while certification empowers those courts to provide an authoritative ruling on key state law issues, it is neither appropriate nor advantageous to seek certification in every case. In the Q&A-format article, Wystan explains the certification process, highlighting the procedure and practical considerations for parties seeking to obtain or prevent certification, and addresses the standard federal courts typically apply when considering an application to certify question to a state court, and the types of questions that are most – and least – appropriate for certification. View the article.