Local Rule 5.1: Notification of Claim of Unconstitutionality

Local Rule 5.1 Notification of Claim of Unconstitutionality.

(a) Act of Congress. In any action, suit, or proceeding in which the United States or any agency, officer, or employee thereof is not a party and in which the constitutionality of an Act of Congress affecting the public interest is challenged, the party raising the constitutional issue shall notify the Court of the existence of the question either by checking the appropriate box on the Civil Cover Sheet or by stating on the pleading, document or other papers that allege the unconstitutionality, in the caption under the case number, "Claim of Unconstitutionality" or the equivalent so that the Clerk can comply with the requirements of 28 U.S.C. § 2403 and Fed. R. Civ. P. 5.1.

(b) State Statute. In any action, suit, or proceeding in which a State or any agency, officer, or employee thereof is not a party and in which the constitutionality of any statute of that state affecting the public interest is challenged, the party raising the constitutional issue shall notify the Court of the existence of the question either by checking the appropriate box on the Civil Cover Sheet or by stating on the pleading, document or other papers that allege the unconstitutionality, in the caption under the case number, "Claim of Unconstitutionality" or the equivalent so that the Clerk can comply with the requirements of 28 U.S.C. § 2403 and Fed. R. Civ. P. 5.1.

(c) No Waiver. Failure to comply with this rule is not grounds for waiving the constitutional issue or for waiving any other rights the party may have. Any notice provided under this rule, or lack of notice, will not serve as a substitute for, or as a waiver of, any pleading requirements set forth in the federal rules or statutes.