Local Rule 9005.1-1: CLAIM OF UNCONSTITUTIONALITY
Bankr. D. Utah — General rule
RULE 9005.1-1 CLAIM OF UNCONSTITUTIONALITY If a party files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute pursuant to Fed. R. Bankr. P. 9005.1, the court must, under 28 U.S.C. § 2403, certify to the appropriate attorney general that a statute has been questioned.
(1) If a federal statute is questioned, upon receipt of the notice, the clerk, on behalf of the court, must file a certificate in substantially the following form:
The United States Bankruptcy Court for the District of Utah hereby certifies to the Attorney General of the United States that the constitutionality of an Act of Congress, title ___, § ___, United States Code (or other description), is drawn in question in the case of ____________ vs. ____________, Case No. ______, Adversary Proceeding No. ______, to which neither the United States, nor any of its agencies, officers, or employees, is a party. Under 28 U.S.C. § 2403(a), the United States is permitted to intervene in the case for the presentation of evidence, if admissible, and for argument on the question of constitutionality.
The clerk must send a copy of the certificate to the United States Attorney for the District of Utah and provide a copy to the judge to whom the case or proceeding is assigned, or to the Chief Judge of the court, if no assignment has been made.
(2) If a state statute is questioned, upon receipt of the notice, the clerk on behalf of the court, must file a certificate in substantially the following form:
The United States Bankruptcy Court for the District of Utah hereby certifies to the Attorney General of the State of ______, that the constitutionality of an Act of the legislature of the State of ______, title ___, Chapter ___, § ___, (or other description), is drawn in question in the case of ____________ vs. ____________, Case No. ______, Adversary Proceeding No. ______, to which neither the State of ______, nor any of its agencies, officers, or employees, is a party. Under 28 U.S.C. § 2403(b), the State of _____________ is permitted to intervene in the case for the presentation of evidence, if admissible, and for argument on the question of constitutionality.
The clerk must send a copy of the certificate to the Attorney General of the state and provide a copy to the judge to whom the case or proceeding is assigned, or to the Chief Judge of the court, if no assignment has been made.