0001| HOUSE BILL 89 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| R. DAVID PEDERSON | 0005| | 0006| | 0007| | 0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO COURTS; ENACTING THE UNIFORM CERTIFICATION OF | 0012| QUESTIONS OF LAW ACT; ESTABLISHING PROCEDURES FOR CERTIFYING | 0013| QUESTIONS OF LAW; REPEALING AND ENACTING SECTIONS OF THE NMSA | 0014| 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. SHORT TITLE.--This act may be cited as the | 0018| "Uniform Certification of Questions of Law Act". | 0019| Section 2. DEFINITIONS.--As used in the Uniform | 0020| Certification of Questions of Law Act: | 0021| A. "state" means a state of the United States, the | 0022| District of Columbia, the commonwealth of Puerto Rico or any | 0023| territory or insular possession subject to the jurisdiction of | 0024| the United States; and | 0025| B. "tribe" means a tribe, band or village of Native | 0001| Americans that is recognized by federal law or formally | 0002| acknowledged by a state. | 0003| Section 3. POWER TO CERTIFY.--The supreme court or the | 0004| court of appeals of this state, on the motion of a party to | 0005| pending litigation or its own motion, may certify a question of | 0006| law to the highest court of another state, a tribe, Canada, a | 0007| Canadian province or territory, Mexico or a Mexican state if: | 0008| A. the pending litigation involves a question to be | 0009| decided under the law of the other jurisdiction; | 0010| B. the answer to the question may be determinative | 0011| of an issue in the pending litigation; and | 0012| C. the question is one for which an answer is not | 0013| provided by a controlling appellate decision, constitutional | 0014| provision or statute of the other jurisdiction. | 0015| Section 4. POWER TO ANSWER.--The supreme court of this | 0016| state may answer a question of law certified to it by a court | 0017| of the United States or by an appellate court of another state, | 0018| a tribe, Canada, a Canadian province or territory, Mexico or a | 0019| Mexican state if the answer may be determinative of an issue in | 0020| pending litigation in the certifying court and there is no | 0021| controlling appellate decision, constitutional provision or | 0022| statute of this state. | 0023| Section 5. POWER TO REFORMULATE QUESTION.--The supreme | 0024| court of this state may reformulate a question of law certified | 0025| to it. | 0001| Section 6. CERTIFICATION ORDER--RECORD.--The court | 0002| certifying a question of law to the supreme court of this state | 0003| shall issue a certification order and forward it to the supreme | 0004| court of this state. Before responding to a certified | 0005| question, the supreme court of this state may require the | 0006| certifying court to deliver all or part of its record to the | 0007| supreme court of this state. | 0008| Section 7. CONTENTS OF CERTIFICATION ORDER.-- | 0009| A. A certification order must contain: | 0010| (1) the question of law to be answered; | 0011| (2) the facts relevant to the question, showing | 0012| fully the nature of the controversy out of which the question | 0013| arose; | 0014| (3) a statement acknowledging that the supreme | 0015| court of this state, acting as the receiving court, may | 0016| reformulate the question; and | 0017| (4) the names and addresses of counsel of | 0018| record and parties appearing without counsel. | 0019| B. If the parties cannot agree upon a statement of | 0020| facts, the certifying court shall determine the relevant facts | 0021| and state them as part of its certification order. | 0022| Section 8. NOTICE--RESPONSE.--The supreme court of this | 0023| state, acting as a receiving court, shall notify the certifying | 0024| court of acceptance or rejection of the question and, in | 0025| accordance with notions of comity and fairness, respond to an | 0001| accepted certified question as soon as practicable. | 0002| Section 9. PROCEDURES.--After the supreme court of this | 0003| state has accepted a certified question, proceedings are | 0004| governed by the rules and statutes governing briefs, arguments | 0005| and other appellate procedures. Procedures for certification | 0006| from this state to a receiving court are those provided in the | 0007| rules and statutes of the receiving forum. | 0008| Section 10. OPINION.--The supreme court of this state | 0009| shall state in a written opinion the law answering the | 0010| certified question and send a copy of the opinion to the | 0011| certifying court, counsel of record and parties appearing | 0012| without counsel. | 0013| Section 11. COST OF CERTIFICATION.--Fees and costs are | 0014| the same as in civil appeals docketed before the supreme court | 0015| of this state and must be equally divided between the parties, | 0016| unless otherwise ordered by the certifying court. | 0017| Section 12. SEVERABILITY.--If any provision of the | 0018| Uniform Certification of Questions of Law Act or its | 0019| application to any person or circumstance is held invalid, the | 0020| invalidity does not affect other provisions or applications of | 0021| that act that can be given effect without the invalid provision | 0022| or application, and to this end the provisions of that act are | 0023| severable. | 0024| Section 13. UNIFORMITY OF APPLICATION AND CONSTRUCTION.-- | 0025| The Uniform Certification of Questions of Law Act shall be | 0001| applied and construed to effectuate its general purpose to make | 0002| uniform law with respect to the subject of that act among | 0003| states enacting it. | 0004| Section 14. REPEAL.--Section 34-2-8 NMSA 1978 (being Laws | 0005| 1975, Chapter 72, Section 1, as amended) is repealed. | 0006| Section 15. EFFECTIVE DATE.--The effective date of the | 0007| provisions of this act is July 1, 1997. | 0008|  State of New Mexico | 0009| House of Representatives | 0010| | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION, 1997 | 0013| | 0014| | 0015| January 29, 1997 | 0016| | 0017| | 0018| Mr. Speaker: | 0019| | 0020| Your JUDICIARY COMMITTEE, to whom has been referred | 0021| | 0022| HOUSE BILL 89 | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO PASS. | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| Thomas P. Foy, Chairman | 0009| | 0010| | 0011| Adopted Not Adopted | 0012| | 0013| (Chief Clerk) (Chief Clerk) | 0014| | 0015| Date | 0016| | 0017| The roll call vote was 11 For 0 Against | 0018| Yes: 11 | 0019| Excused: Luna, Sanchez | 0020| Absent: None | 0021| | 0022| G:\BILLTEXT\BILLW_97\H0089 State of New Mexico | 0023| House of Representatives | 0024| | 0025| FORTY-THIRD LEGISLATURE | 0001| FIRST SESSION, 1997 | 0002| | 0003| | 0004| January 29, 1997 | 0005| | 0006| | 0007| Mr. Speaker: | 0008| | 0009| Your JUDICIARY COMMITTEE, to whom has been referred | 0010| | 0011| HOUSE BILL 89 | 0012| | 0013| has had it under consideration and reports same with | 0014| recommendation that it DO PASS. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| Thomas P. Foy, Chairman | 0023| | 0024| | 0025| Adopted Not Adopted | 0001| | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| Date | 0005| | 0006| The roll call vote was 11 For 0 Against | 0007| Yes: 11 | 0008| Excused: Luna, Sanchez | 0009| Absent: None | 0010| | 0011| G:\BILLTEXT\BILLW_97\H0089 |