Claim of Unconstitutionality (a) Federal Statute. In any action in which the constitutionality of an Act of Congress is questioned and neither the United States nor any officer, agency, or employee th

U.S. District Court for the Northern District of California

Rule Set: Civil Local Rules of the United States District Court for the Northern District of California

Rule: 3-8

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Civ. L.R. 3-8

(b) State Statute. In any action in which the constitutionality of a state statute is questioned and neither the state nor an agency, officer or employee of the state is a party, counsel raising the question must file notice of such claim with the assigned Judge (or, if no assignment has been made, the Chief Judge) and serve a copy of such notice on the State Attorney General. The notice must identify the statute and describe the basis for the claim that it is unconstitutional. The party must file the notice with a certificate of service pursuant to Civil L.R. 5-5.

USDC Local Civil Rules – Effective May 1, 2026 CIV-6

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