74.1. Certification
The Court of Criminal Appeals may answer questions of Texas criminal law certified to it by any federal appellate court if the certifying court is presented with determinative questions of Texas criminal law having no controlling Court of Criminal Appeals precedent. The Court may decline to answer the questions certified to it.
74.2. Contents of the Certification Order
An order from the certifying court must set forth:
(a) the questions of law to be answered; and
(b) a stipulated statement of all facts relevant to the questions certified, showing fully the nature of the controversy in which the questions arose.
74.3. Transmission of Certification Order
The clerk of the certifying court must send to the clerk of the Court of Criminal Appeals the following:
(a) the certification order under the certifying court’s official seal;
(b) a list of the names of each party to the pending case, giving the address and telephone number, if known, of any party not represented by counsel; and
(c) a list of the names and addresses of counsel for each party.
74.4. Transmission of Record
The certifying court should not send to the Court of Criminal Appeals the record in the pending case with the certification order. The Court of Criminal Appeals may later require the original or copies of all or part of the record before the certifying court to be filed with the Court of Criminal Appeals clerk.
74.5. Notice
If the Court of Criminal Appeals agrees to answer the questions certified to it, the Court will notify all parties and the certifying court. The Court of Criminal Appeals clerk must also send a notice to the Attorney General of Texas if:
(a) the constitutionality of a Texas statute is the subject of a certified question that the Court of Criminal Appeals has agreed to answer; and
(b) the State of Texas or an officer, agency, or employee of the State is not a party to the proceeding in the certifying court.
74.6. Briefs and Oral Argument
(a) Briefs. The appealing party in the certifying court must file a brief with the clerk of the Court of Criminal Appeals within 30 days after the date of the notice. Opposing parties must file an answering brief within 15 days of receiving the opening brief. Briefs must comply with Rule 38 to the extent that its provisions apply.
(b) Oral Argument. Oral argument may be granted either on a party’s request or on the Court’s own initiative. Argument is governed by Rule 39.
74.7. Intervention by the State
If the constitutionality of a Texas statute is the subject of a certified question that the Court of Criminal Appeals has agreed to answer, the State of Texas may intervene at any reasonable time for briefing and oral argument (if argument is allowed) on the question of constitutionality.
74.8. Opinion on Certified Question
If the Court of Criminal Appeals has agreed to answer a certified question, it will hand down an opinion as in any other case.
74.9. Motion for Rehearing
Any party may file a motion for rehearing within 15 days after the opinion is handed down. The motion must clearly state the points relied on for the rehearing. No reply to a motion for rehearing need be filed unless the Court so requests. The Court will not grant a motion for rehearing unless a response has been filed or requested.
74.10. Answering Certified Questions
After all motions for rehearing have been overruled, the clerk of the Court of Criminal Appeals must send to the certifying court the written opinion on the certified questions. The opinion must be under the Court of Criminal Appeals’ seal.
Notes and Comments
Comment to 1997 change: This is former Rule 214. The rule is amended without substantive change.