Form 19B:1 Motion to Certify Question from Federal Court

{STYLE OF THE CASE IN THE FEDERAL COURT OF APPEALS}

{PARTY}'S MOTION TO CERTIFY A

QUESTION TO THE TEXAS SUPREME COURT

{Party} asks the Court to certify a question of law to the Supreme Court of Texas under Texas Rule of Appellate Procedure 58.

A. Introduction

1. Appellant is {name}; appellee is {name}.

2. Plaintiff sued defendant for {state basis of suit} in United States District Court for the {region} of {name of state}, {city or geographical designation, if any} Division.

3. Defendant filed {identify defendant's answer, defensive pleas, affirmative defenses, and counterclaims}.

4. The trial court signed a judgment on {date}, in favor of {party/adverse party}. The appeal of that judgment is pending in this Court.

5. The names of all parties are as follows: {state names of all parties and the addresses and telephone numbers of all parties not represented by counsel}. See Tex. R. App. P. 58.3(b).

6. The attorneys for the parties are: {identify attorneys for each party and give their addresses, telephone numbers, and fax numbers}. Tex. R. App. P. 58.3(c).

7. The parties stipulate that the statement of facts, attached as Exhibit {letter}, provides all facts relevant to the question to be certified. The stipulated statement of facts shows the full nature of the controversy from which the question arose. Tex. R. App. P. 58.2(b).

B. Argument & Authorities

8. The question of law that requires certification to the Supreme Court of Texas is {state legal question}. See Tex. R. App. P. 58.2(a).

9. The question to be certified is a question of law, and it will determine the outcome of the case pending in federal court. See Tex. R. App. P. 58.1. {Elaborate.}

10. No Supreme Court case has yet addressed {restate certified question}. See Tex. R. App. P. 58.1.

C. Conclusion

11. {Briefly summarize the motion.}

D. Prayer

12. For these reasons, {party} asks the Court to grant this motion and certify the question to the Supreme Court of Texas.