This report evaluates the use of certified questions of state law between 2010 and 2018 in three U.S. circuit courts of appeal: the Ninth, Sixth, and Third Circuits. The data shows variation in the rate of certification and timing of certification events between the circuits.

Re-Return Orders Following Reversal of Lower Court Order on Appeal

This outline will use the term "departure" only in reference to a departure from the guideline range as calculated under the U.S. Sentencing Guidelines.

This report was prepared at the request of the Committee on Appellate Rules as they consider proposing a uniform rule on en banc voting procedures for the courts of appeals.