Rule 44 Case Involving a Constitutional Question When the Commonwealth is Not a Party

If someone in a court case argues that a Commonwealth law or regulation is unconstitutional, and the Commonwealth government itself is not already part of the case, that person has to tell the court right away. This notice needs to go to the Clerk of Court as soon as the case record is filed, or as soon as the constitutional issue comes up.

Once the Clerk gets this notice, the Clerk must let the Commonwealth Attorney General know about it. This gives the government a chance to get involved in the case, since a ruling could affect a law the government is responsible for defending.

This rule exists so the government doesn't get caught off guard. If a court might strike down or question a law, the Attorney General's office should have the chance to step in and defend it, even if the government wasn't originally named in the lawsuit.