Rule 44 — Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party

Fed. R. App. P. 44

• Source: Federal Rules of Appellate Procedure
• Rule: 44
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 44

Text

(a) Constitutional Challenge to Federal Statute. If a party ques-
tions the constitutionality of an Act of Congress in a proceeding
in which the United States or its agency, officer, or employee is
not a party in an official capacity, the questioning party must
give written notice to the circuit clerk immediately upon the fil-
ing of the record or as soon as the question is raised in the court
of appeals. The clerk must then certify that fact to the Attorney
General.
(b) Constitutional Challenge to State Statute. If a party ques-
tions the constitutionality of a statute of a State in a proceeding
in which that State or its agency, officer, or employee is not a
party in an official capacity, the questioning party must give
written notice to the circuit clerk immediately upon the filing of

the record or as soon as the question is raised in the court of ap-
peals. The clerk must then certify that fact to the attorney gen-
eral of the State.

Advisory Committee Notes

(As amended Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)