Rule 32 Notice to Attorney General When Validity of Statute, Rule or Regulation Is Questioned

If someone challenges a Tennessee law, or a state rule or regulation, in an appeal, and the state itself isn't already part of that case, the person making the challenge has to tell the Attorney General about it. They do this by sending the Attorney General a copy of their court brief. This gives the state a heads up that one of its laws is being questioned, even in a case it wasn't originally involved in.

The person raising the challenge also has to prove they actually sent this notice. They do this by filing proof of service along with their brief. This step matters because the court needs to see documented proof, not just a claim that notice was sent.

Once the Attorney General gets notice, they have the right to respond. They can file their own brief within the same deadline given to other parties, and they can also speak in court about the issue even if they don't file anything in writing.

If nobody notifies the Attorney General, the appeals court will typically pause the case. The court won't make a final decision on the appeal until proper notice has been sent and the Attorney General has had a fair chance to respond. The only exception is if the court specifically orders otherwise.