Rule 73-1. Reservation of Questions from the Superior Court to the Supreme Court or Appellate Court; Contents of Reservation Request

(a) Counsel may jointly file with the Superior Court a request to reserve questions of law for consideration by the Supreme Court or Appellate Court. A reservation request shall set forth: (1) a stipulation of the essential undisputed facts and a clear and full statement of the question or questions upon which advice is desired; (2) a statement of reasons why the resolution of the question by the appellate court having jurisdiction would serve the interest of simplicity, directness and judicial economy; and (3) whether the answers to the questions will determine, or are reasonably certain to enter into the final determination of the case. All questions presented for advice shall be specific and shall be phrased so as to require a Yes or No answer.

(b) Reservation requests may be brought only in those cases in which an appeal could have been filed directly to the Supreme Court, or to the Appellate Court, respectively, had judgment been rendered. Reservations in cases where the proper court for the appeal cannot be determined prior to judgment shall be filed directly to the Supreme Court.

Committee Notes

(P.B. 1978-1997, Sec. 4147.) (Amended June 5, 2013, to take effect July 1, 2013; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended July 19, 2022, to take effect Jan. 1, 2023; amended July 15, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: What had been subsection (c) concern- ing the certificate of interested entities or individuals was deleted. COMMENTARY—2026: The purpose of this amendment is to provide that parties are required to file a certificate of interested entities or individuals only when the reviewing court orders the parties to file the certificate when necessary.