The supreme court or the court of appeals of this state, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state, a tribe, Canada, a Canadian province or territory, Mexico or a Mexican state if:
A. the pending litigation involves a question to be decided under the law of the other jurisdiction;
B. the answer to the question may be determinative of an issue in the pending litigation; and
C. the question is one for which an answer is not provided by a controlling appellate decision, constitutional provision or statute of the other jurisdiction.