Public comment sought on proposed trial procedure rule concerning constitutionality challenges

The Indiana Supreme Court is seeking public comment on a newly proposed constitutionality challenge rule to the Indiana Rules of Trial Procedure.

Rule 5.1, titled “Service of Constitutional Challenge on Attorney General,” would be added to ensure service on the Indiana attorney general when certain constitutional issues are raised in a case.

Specifically, Rule 5.1(A) would require that a party who challenges the constitutionality of a statute or ordinance in any proceeding in which the state or any agency, officer, or state employee is not a party, must file with the court and serve on the attorney general a notice of the constitutional challenge.

Additionally, the proposed rule would require the court to certify notice of a constitutional challenge as required by Indiana Code 34-33.1-1-1.

The new rule would also allow the attorney general to intervene within 30 days after the notice has been filed.

Public comment is invited on the proposed amendment until 1 p.m. ET on June 10. Comments may be submitted online or through the mail to Proposed Rule Amendments, Indiana Office of Court Services, 251 N. Illinois Street, Suite 800, Indianapolis, 46204.

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