Appellate Practice
May 8, 2003
Certification Process Does Not Appear to Burden High Court
Focus Column - Appellate Law - By James C. Martin and Benjamin G. Shatz - Five years ago, on Jan. 1, 1998, California adopted a new Rule of Court allowing sister-state Supreme Courts, the U.S. Supreme Court and U.S. Circuit Courts of Appeals to "certify" unresolved questions of California law to the California Supreme Court.
James C. Martin
Partner, Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Five years ago, on Jan. 1, 1998, California adopted a new Rule of Court allowing sister-state Supreme Courts, the U.S. Supreme Court and U.S. Circuit Courts of Appeals to "certify" unresolved questions of California law to the California Supreme Court.
Concern that this rule might prompt an avalanche of questions by foreign courts has proved unfounded. The only court to certify questions has been the 9th U.S. Circuit Court of Appeals, which has done so only 17 times, four times a y...
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