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Delaware Docket Newsletter
Fall 2013

Jurisdiction to Certify Questions of Delaware Law to the Delaware Supreme Court Expanded

The Delaware Supreme Court recently amended its Rule 41 to reflect the constitutional amendment, enacted in June 2013, authorizing the United States Bankruptcy Courts to certify questions of Delaware law to the Delaware Supreme Court prior to the entry of final judgment in a case if (1) there is an important reason for immediate determination of the question, and (2) the certifying court has not yet decided the question in the case. This jurisdiction, which expands on similar jurisdiction provided to the Securities and Exchange Commission in 2007 to certify questions of law to the Delaware Supreme Court, allows for a more efficient and cohesive development of Delaware-related law in the federal context.