What does it mean to certify a case on appeal and how do you handle that process?
Minneapolis, MN appellate lawyer Kay Nord Hunt talks about certifying a case on appeal and her method of handling it.
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Phone: (612) 336-9341
Well, certification on appeal is a special procedure in Minnesota state courts where if the trial court denies a motion to dismiss or a motion for summary judgment on a question of law where the trial court isn’t quite sure what the law is or should be, the trial court can be requested to certify that question to the appellate court for determination now. So again, that’s somewhat rare circumstance but it is one that can be utilized where it’s just an issue where the appellate court’s never spoken on it and it’s, you know, fundamental to the case. So if the issue is decided one way, one party wins, if it’s decided the other way the other party loses. I mean so it’s a very important issue to the case.