4. The Court may, while considering cases that require fact-finding or in situ investigations, and in which the Commission is not a party, request the Commission to conduct such investigations. 5. The Court, while considering a case in which the Commission has made a determination, in Application of the Protocol and the Rules, may review the decision of the Commission. In such circumstances, the Court may seek clarifications from the Commission as necessary. Rule 37 Lis Pendens and Court’s Request for Opinion on Admissibility 1. The Court shall not consider any application or request for advisory opinion relating to a matter pending before the Commission, unless the matter has been formally withdrawn. 2. Where, pursuant to Article 6(1) of the Protocol, the Court decides to solicit the opinion of the Commission on the admissibility of an Application before it, it shall transmit to the Commission a copy of the pertinent sections of the file, indicating the time limit within which it wishes to receive the opinion. Rule 38 Transfer of Cases to the Commission 1. Where the Court, after consulting the parties decides to transfer a case to the Commission pursuant to Article 6(3) of the Protocol, it shall transmit all the pleadings in the matter accompanied by a summary report to the Commission. 2. Where the Court receives an Application involving a State that has neither ratified the Protocol nor made the Declaration required under Article 34 (6) of the Protocol, the Registry shall inform the Applicant that the Court lacks jurisdiction to examine the Application. In such instance, the Registry shall inform the Applicant that he/she may file his/her matter before the Commission. 26 | P a g e