2.60.030 - Practice and procedure. - Washington Statutes

Practice and procedure.

Certificate procedure shall be governed by the following provisions:

     (1) Certificate procedure may be invoked by a federal court upon its own motion or upon the motion of any interested party in the litigation involved if the federal court grants such motion.

     (2) Certificate procedure shall include and be based upon the record and may include a supplemental record.

     (3) Certificate procedure costs shall be equally divided between plaintiff and defendant, subject to reallocation as between or among the parties by the federal court involved.

     (4) The appellant or moving party in the federal court shall file and serve upon its adversary its brief on the question certified within thirty days after the filing of the record in the supreme court. The appellee or responding party in the federal court shall file and serve upon its adversary its brief within twenty days after receipt of appellant's or moving party's brief and a reply brief shall be filed within ten days. Time for filing record, supplemental record or briefs may be extended for cause.

     (5) Oral argument as in other causes on the merits may be had upon request of the supreme court or upon application of any interested party in the certificate procedure.

     (6) The supreme court shall forward to the federal court utilizing certificate procedure its opinion answering the local law question submitted.

     (7) The supreme court may adopt rules of practice and procedure to implement or otherwise facilitate utilization of certificate procedure.

[1965 c 99 § 3.]