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When Federal Appellate Courts Certify State Law Questions U.S. Courts of Appeals are frequently called upon to interpret questions that arise in state law. Although they generally have the authority to do so, appellate judges may choose another route: certification. By certifying questions of state law, Federal Appellate Courts judges can respect federalism while gaining the information needed to issue an opinion. Certification has become more popular in recent years, and it’s a tool you need to know about in your federal appeal. The appellate attorneys of Gusdorff Law have you covered. What is Certification?  A federal court, including a U.S. Court of Appeals, may be tasked with deciding a novel question of state law. The Court, in seeking a clear answer to the question, can certify the matter to the state’s supreme court. Certification means asking the state supreme court to give an opinion on a legal matter that hasn’t yet been settled. When federal appellate courts receive the answer, they can apply it to the pending appeal. By certifying the matter, the U.S. Court of Appeals does not send the whole case back to the state court. It also does not waive its authority to decide the case or give up its jurisdiction. Rather, the Court recognizes the unique nature of the question and merely defers to the wisdom of the state supreme court on the limited scope of the state law issue. In a federal appeal, the question of whether to certify rests within the Cour...