R.i. Sup. Ct. R. 6

As amended through June 7, 2024
Rule 6 - Certification of questions of law
(a)Certified Questions of Law. The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, or of the District of Columbia, a United States District Court when requested by the certifying court if there are involved in any proceeding before that court questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the Supreme Court.
(b)Orders and Motions. This rule may be invoked by an order of any of the courts referred to in subsection (a) of this rule upon that court's own motion or upon the motion of any party to the cause.
(c)Contents of Certification Order. A certification order shall set forth:
(1) The questions of law to be answered; and
(2) A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
(d)Preparation of Certification Order and Filing of the Record.
(1)Certification Order. The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court Clerk by email to supremecourtclerksoffice@courts.ri.gov by the clerk of the certifying court.
(2)Filing of the Record. The Supreme Court may require the filing of all or of any portion of the record before the certifying court, if, in the opinion of the Supreme Court, the record or portion thereof may be necessary in answering the questions. To the extent feasible, the certifying court shall forward the record to the Supreme Court Clerk by email to supremecourtclerksoffice@courts.ri.gov in a PDF file with the documents arranged in the same order as they appear on the docket sheet. Sealed documents should be clearly identified as such on the pleading itself and should be segregated from the single PDF and transmitted as a separate PDF within the same email.
(e)Costs of Certification. Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
(f)Briefs and Argument. Proceedings in the Supreme Court shall be those provided in these rules governing Rule 12A statements, briefs, and arguments as the Court may order. Unless otherwise ordered, the plaintiff shall file the opening brief, the defendant shall file the responding brief, and the plaintiff may file a reply brief. Any party wishing to seek a modification of the foregoing briefing requirements shall move for such relief with the Supreme Court.
(g)Opinion. The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the Clerk of the Supreme Court to the certifying court and to the parties.

R.i. Sup. Ct. R. 6

Amended effective 6/19/2020; Revised 10/1/2023.