Kansas Statutes

Chapter 60: Procedure, Civil

Article 32: Uniform Certification Of Questions Of Law Act

Statutes:

• 60-3201: Power to answer.
• 60-3202: Method of invoking.
• 60-3203: Contents of certification order.
• 60-3204: Preparation of certification order.
• 60-3205: Costs of certification.
• 60-3206: Briefs and argument.
• 60-3207: Opinion.
• 60-3208: Power to certify.
• 60-3209: Procedure on certifying.
• 60-3210: Severability.
• 60-3211: Construction.
• 60-3212: Short title.

• 60-3201: Power to answer. The Kansas 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, a United States district court or the highest appellate court or the intermediate appellate court of any other state, when requested by the certifying court if there are involved in any proceeding before it 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 and the court of appeals of this state.

        History:   L. 1979, ch. 181, § 1; July 1.

• 60-3202: Method of invoking. This act may be invoked by an order of any of the courts referred to in K.S.A. 60-3201 upon the court's own motion or upon the motion of any party to the cause.

        History:   L. 1979, ch. 181, § 2; July 1.

• 60-3203: Contents of certification order. A certification order shall set forth the questions of law to be answered and a statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.

        History:   L. 1979, ch. 181, § 3; July 1.

• 60-3204: Preparation of certification order. The certification order shall be prepared by the certifying court, signed by the judge or justice presiding at the hearing, and forwarded to the Kansas supreme court by the clerk of the certifying court under its official seal. The Kansas supreme court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of such court, the record or portion thereof may be necessary in answering the questions. The proceedings in the Kansas supreme court shall have precedence over all other hearings therein, except those of like character.

        History:   L. 1979, ch. 181, § 4; July 1.

• 60-3205: Costs of certification. Fees and costs shall be the same as in civil appeals docketed before the Kansas supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.

        History:   L. 1979, ch. 181, § 5; July 1.

• 60-3206: Briefs and argument. Proceedings in the Kansas supreme court shall be those provided in the court's rules and statutes governing briefs and arguments.

        History:   L. 1979, ch. 181, § 6; July 1.

• 60-3207: Opinion. The written opinion of the Kansas supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the court to the certifying court and to the parties.

        History:   L. 1979, ch. 181, § 7; July 1.

• 60-3208: Power to certify. The supreme court or the court of appeals of this state, on its own motion or the motion of any party, may order certification of questions of law to the highest court of any state when it appears to the certifying court that there are involved in any proceeding before the court questions of law of the receiving state which may be determinative of the cause then pending in the certifying court and it appears to the certifying court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state.

        History:   L. 1979, ch. 181, § 8; July 1.

• 60-3209: Procedure on certifying. The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state.

        History:   L. 1979, ch. 181, § 9; July 1.

• 60-3210: Severability. If any provision of this act or the application thereof to any person, court, or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

        History:   L. 1979, ch. 181, § 10; July 1.

• 60-3211: Construction. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

        History:   L. 1979, ch. 181, § 11; July 1.

• 60-3212: Short title. This act may be cited as the uniform certification of questions of law act.

        History:   L. 1979, ch. 181, § 12; July 1.