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Rule 25A. Challenging the constitutionality of astatute or ordinance.

(a) Notice to the Attorney General or the county ormunicipal attorney; penalty for failure to give notice.

(a)(1) When a party challenges the constitutionalityof a statute in an appeal or petition for review in which the Attorney Generalhas not appeared, every party must serve its principal brief and any subsequentbrief on the Attorney General on or before the date the brief is filed.

(a)(2) When a party challenges the constitutionalityof a county or municipal ordinance in an appeal or petition for review in whichthe responsible county or municipal attorney has not appeared, every party mustserve its principal brief and any subsequent brief on the county or municipalattorney on or before the date the brief is filed.

(a)(3) If an appellee or cross-appellant is the firstparty to challenge the constitutionality of a statute or ordinance, theappellant must serve its principal brief on the Attorney General or the countyor municipal attorney no more than 7 days after receiving the appellee?s or thecross-appellant?s brief and must serve its reply brief on or before the date itis filed.

(a)(4) Every party must serve its brief on theAttorney General by email or mail at the following address and must file proofof service with the court.

Email

notices@agutah.gov

Mail

Office of the Utah Attorney General

Attn: Utah Solicitor General

320 Utah State Capitol

P.O. Box 142320

Salt Lake City, Utah 84114-2320

(a)(5) If a party does not serve a brief as requiredby this rule and supplemental briefing is ordered as a result of that failure,a court may order that party to pay the costs, expenses, and attorney fees ofany other party resulting from that failure.

(b) Notice by the Attorney General or county ormunicipal attorney; amicus brief.

(b)(1) Within 14 days after service of the brief thatpresents a constitutional challenge the Attorney General or other governmentattorney will notify the appellate court whether it intends to file an amicusbrief. The Attorney General or other government attorney may seek up to anadditional 7 days? extension of time from the court. Should the AttorneyGeneral or other government attorney decline to file an amicus brief, thatentity should plainly state the reasons therefor.

(b)(2) If the Attorney General or other governmentattorney declines to file an amicus brief, the briefing schedule is notaffected.

(b)(3) If the Attorney General or other governmentattorney intends to file an amicus brief, that brief will come due 30 daysafter the notice of intent is filed. Each governmental entity may file a motionto extend that time as provided under Rule 22. On a governmental entity filinga notice of intent, the briefing schedule established under Rule 13 is vacated,and the next brief of a party will come due 30 days after the amicus brief isfiled.

(c) Call for the views of the Attorney General orcounty or municipal attorney. Any time a party challenges the constitutionalityof a statute or ordinance, the appellate court may call for the views of theAttorney General or of the county or municipal attorney and set a schedule forfiling an amicus brief and supplemental briefs by the parties, if any.

(d) If the Attorney General or county or municipalattorney files an amicus brief, the Attorney General or county or municipalattorney will be permitted to participate at oral argument.

 

 

Effective May 1, 2018