Constitutional questions

(a) Service Generally. If the validity of any statute, executive or administrative order, municipal ordinance, franchise or written directive of any governmental officer, agent, or body is raised in the appellate court, and the State, municipal corporation, or other governmental body which enacted or promulgated such questioned order is not a party to the proceeding, then: (1) within seven days after the party raising such question receives the appellate court's notice of docketing, the party shall serve upon the attorney general, the city attorney, or the chief legal officer of the governmental body whose order is challenged a copy of the docketing statement or another statement sufficient to identify the case number of the appeal, the statute or order challenged, and any ground for the challenge; and (2) when the party files any brief in the appeal, the party shall serve a copy of its brief on the governmental body's chief legal officer. (b) Service on the Attorney General. Service required by this rule on the attorney general shall be by email to an electronic address designated by the attorney general for this purpose. (c) Certificate of Service. Any brief covered by this rule shall include a certificate of service showing that it was served on the relevant governmental body's chief legal officer in compliance with this rule. (d) Right to be Heard. (1) The State, municipal other governmental body shall be entitled to file a brief. Unless otherwise provided by the court, the brief shall be filed within the time allowed the party whose position the brief will support, or, if in support of neither party, within the time allowed for filing the petitioner's or appellant's brief. corporation, or (2) If the court schedules oral argument, the governmental body may move to participate in oral argument. Such requests shall be freely granted, but will not cause a party to lose equal time in oral argument. (e) Notice. Except by special order of the court, in the absence of such notice and certificate of service, the appellate court will not rule until the notice contemplated by this rule has been given to the appropriate governmental body and the said governmental body or chief legal officer has been given such opportunity to respond as shall be set by the court. [Amended 11-19-96, eff. 1-1-97; Amended 3-7-2024.] Committee Comments