Rule 7.308 - Certified Questions and Advisory Opinions(A) Certified Questions(1) From Michigan Courts. (a) Whenever a trial court or tribunal from which an appeal may be taken to the Court of Appeals or to the Supreme Court has pending before it an action or proceeding involving a controlling question of public law, and the question is of such public moment as to require an early determination according to executive message of the governor addressed to the Supreme Court, the Court may authorize the court or tribunal to certify the question to the Court with a statement of the facts sufficient to make clear the application of the question. Further proceedings relative to the case are stayed to the extent ordered by the court or tribunal, pending receipt of a decision of the Supreme Court.(b) If any question is not properly stated or if sufficient facts are not given, the Court may require a further and better statement of the question or of the facts.(c) The Court shall render its decision on a certified question in the ordinary form of an opinion, to be published with other opinions of the Court.(d) After the decision of the Court has been sent, the lower court or tribunal will proceed with or dispose of the case in accordance with the Court's answer.(2) From Other Courts. (a) When a federal court, another state's appellate court, or a tribal court considers a question that Michigan law may resolve and that is not controlled by Michigan Supreme Court precedent, the court may on its own initiative or that of an interested party certify the question to the Court.(b) A certificate may be prepared by stipulation or at the certifying court's direction, and must contain(ii) a factual statement; and(iii) the question to be answered. The presiding judge must sign it, and the clerk of the federal, other state, or tribal court must certify it.
(3) Briefing. The parties to the underlying proceeding shall submit briefs in conformity with MCR 7.312 that include a request for oral argument on the title page of the pleading, if oral argument is desired. Unless the Court directs a different time or procedure for filing, or the parties file a written stipulation agreeing to a different schedule;(a) the brief and appendixes of the appellant, or the plaintiff if the underlying proceeding was not an appeal, are due within 35 days after the certificate is filed with the Court;(b) the brief and appendixes of an appellee, or a defendant if the underlying proceeding was not an appeal, are due within 28 days after service of the appellant's brief; and(c) a reply brief is due within 21 days after service of the last timely filed appellee's or defendant's brief. Joint or individual appendixes may be filed in conformity with MCR 7.312(D).
(4) Submission and Argument. A certified question may be submitted for a decision after receipt of the question and after the reply is filed or the time for filing the reply has passed, whichever occurs first. There is no oral argument on a certified question unless ordered by the Court.(5) Decision. The Supreme Court may deny the request for a certified question by order, issue a peremptory order, or render a decision in the ordinary form of an opinion to be published with other opinions of the Court. The clerk shall send a paper copy or provide electronic notice of the Court's decision to the certifying court.(6) Costs. The Supreme Court shall divide costs equally among the parties, subject to redistribution by the certifying court.(B) Advisory Opinion(1) Form of Request. A request for an advisory opinion by either house of the legislature or the governor pursuant to Const 1963, art 3, §8 may be in the form of a letter that includes a copy or verbatim statement of the enacted legislation and identifies the specific questions to be answered by the Court. One signed copy of the request and one set of supporting documents are to be filed with the Court.(2) Briefing. The governor, any member of the house or senate, and the attorney general may file briefs in support of or opposition to the enacted legislation within 28 days after the request for an advisory opinion is filed. Interested parties may file amicus curiae briefs on motion granted by the Court. The party shall file 1 signed copy of the brief that conforms as nearly as possible to MCR 7.312.(3) Submission and Argument. Advisory opinions may be submitted for a decision after the brief in support of the advisory opinion request has been filed. There is no oral argument on a request for an advisory opinion unless ordered by the Court.(4) Decision. The Supreme Court may deny the request for an advisory opinion by order, issue a peremptory order, or render a decision in the ordinary form of an opinion to be published with other opinions of the Court.Adopted May 27, 2015, effective 9/1/2015; amended September 27, 2017, effective 1/1/2018; amended August 14, 2019, effective 8/14/2019.