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NEW MEXICO STATUTES AND CODES

Section 39-7-3 - Power to certify.

39-7-3. Power to certify.

The supreme court or the court of appeals of this state, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state, a tribe, Canada, a Canadian province or territory, Mexico or a Mexican state if:   

A.     the pending litigation involves a question to be decided under the law of the other jurisdiction;   

B.     the answer to the question may be determinative of an issue in the pending litigation; and   

C.     the question is one for which an answer is not provided by a controlling appellate decision, constitutional provision or statute of the other jurisdiction.   

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