Rule 84-2. Basis for Certification

Certification by the Supreme Court on petition by a party is not a matter of right but of sound judicial discretion and will be allowed only where there are special and important reasons therefor. The following, while neither controlling nor fully measuring the court's discretion, indicate the character of the reasons which will be considered:

(1) Where the Appellate Court has decided a question of substance not theretofore determined by the Supreme Court or has decided a question in a way probably not in accord with applicable decisions of the Supreme Court.

(2) Where the decision under review is in conflict with other decisions of the Appellate Court.

(3) Where the Appellate Court has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by any other court, as to call for an exercise of the Supreme Court's supervision.

(4) Where a question of great public importance is involved.

(5) Where the judges of the appellate panel are divided in their decision or, though concurring in the result, are unable to agree upon a common ground of decision.

Committee Notes

(P.B. 1978-1997, Sec. 4127.) (Amended June 15, 2021, to