Local Rule 132: NOTICE OF CLAIM OF UNCONSTITUTIONALITY

RULE 132 (Fed. R. Civ. P. 5.1)

NOTICE OF CLAIM OF UNCONSTITUTIONALITY

(a) Notice of Claim of Unconstitutionality of Federal Law. If, at any time in an action to which neither the United States nor any of its officers, agencies, or employees is a party, any party draws in issue the constitutionality of a federal administrative regulation of general applicability, that party shall immediately file a notice identifying the regulation in issue and setting forth in what respects its constitutionality is questioned. Thereupon, or sua sponte, the Court shall serve a copy of the notice on the United States Attorney General, on the United States Attorney, and on all other parties. If the party required to file and serve the notice fails to do so, every other party shall file and serve such a notice, provided that, as soon as a notice is filed and served, all other parties are relieved of this obligation. Cf. 28 U.S.C. § 2403(a) (requirement re Acts of Congress); Fed. R. Civ. P. 5.1.

(b) Notice of Claim of Unconstitutionality of State Law. If, at any time in an action to which neither a State nor any of its officers, agencies, or employees is a party, any party draws in issue the constitutionality of any state administrative regulation of general applicability, that party shall immediately file a notice identifying the regulation in issue and setting forth in what respects its constitutionality is questioned. Thereupon, or sua sponte, the Court shall serve a copy of that notice on the Attorney General of the State and on all other parties. If the party required to file and serve such a notice fails to do so, every other party shall file and serve such notice, provided that as soon as a notice is filed and served, all other parties are relieved of this obligation. Cf. 28 U.S.C. § 2403(b) (requirement re state statutes); Fed. R. Civ. P. 5.1.