RULE 9.425.   CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR STATE CONSTITUTIONAL PROVISION

In cases not involving criminal or collateral criminal proceedings, a party that files a petition, brief, written motion, or other document drawing into question the constitutionality of a state statute or state constitutional provision, at the time the document is filed in the case, shall:

(a)    file a notice of constitutional question stating the question and identifying the document that raises it; and

(b)    serve the notice and a copy of the petition, brief, written motion, or other document, in compliance with rule 9.420, on the attorney general.

Service of the petition, brief, written motion, or other document does not require joinder of the attorney general as a party to the action. Notice under this rule is not required if the attorney general is a party, or counsel to a party, to a proceeding under these rules.


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