Local Rule L.R. 5.1-1: Constitutional Questions

N.D. Ind. L.R. 5.1-1 Constitutional Questions

(a) When to File the Notice. A party required to file a notice of constitutional question under Fed. R. Civ. P. 5.1 must do so by the later of:

(1) the day the parties tender their proposed case-management plan (if one is required); or

(2) 21 days after filing the pleading, written motion, or other paper questioning the constitutionality of a federal or state statute.

(b) Service on Government Officials. The party must also serve the notice and the pleading, written motion, or other paper questioning the constitutionality of a federal or state statute on:

(1) the Attorney General of the United States and the United States Attorney for the Northern District of Indiana, if a federal statute is challenged; or

(2) the Attorney General for the state if a state statute is challenged.

(c) Method of Service on Government Officials. Service required under subdivision (b) may be made either by certified or registered mail or by e-mailing it to an address designated by those officials for this purpose.