Dedicated to improving the quality of legal practice in Colorado's federal courts.
Alfred A. Arraj Courthouse Jury Assembly Room 901 19th Street, Denver
A federal court’s authority to certify state law questions to state high courts is an important consideration in both civil and criminal federal practice. By way of certification, a federal court may ask the Colorado Supreme Court to answer an unsettled question of state law--and then use that answer in deciding the federal case. Although certification is far from an everyday occurrence, state-law questions have been certified to the Colorado Supreme Court by both the District of Colorado and the Tenth Circuit in recent years. This presentation will begin by explaining the law surrounding certification, the procedural steps required, and potential pitfalls to avoid. This will be followed by a panel discussion further explores both when and how to pursue (or oppose) certifying a question of state law, as well as the complex issues of federalism that are presented when attorneys and courts are considering certification.
Materials from the program are available HERE, HERE and HERE.
2 general CLE credits granted.
