Local Rule RULE 24.1: PROCEDURE FOR NOTIFICATION OF ANY CLAIM OF UNCONSTITUTIONALITY OF FEDERAL OR STATE STATUTE
S.D. Ill. — Civil rule
RULE 24.1 PROCEDURE FOR NOTIFICATION OF ANY CLAIM OF UNCONSTITUTIONALITY OF FEDERAL OR STATE STATUTE (See Fed. R. Civ. P. 5.1)
(a) In any action, suit, or proceeding in which a party is required to file a notice of constitutional question under Fed. R. Civ. P. 5.1, the party raising the constitutional question shall also 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, immediately following the title of that pleading, "Claim of Unconstitutionality" or the equivalent.
(b) If a federal statute is challenged, the party filing the notice of constitutional question must also serve the notice upon the United States Attorney for the Southern District of Illinois, either by certified or registered mail, in addition to the service requirements of Fed. R. Civ. P. 5.1.
(c) Failure to comply with this Local Rule will not be grounds for waiving the constitutional issue or for waiving any other rights the party may have. Any notice provided under this Rule will not serve as a substitute for any requirement set forth in the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, or any federal statute.