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Rule 25A. Challenging theconstitutionality of a statute or ordinance.

(a)??? Noticeto the Attorney General or the county or municipal attorney; penalty forfailure to give notice.

(a)(1)??????? Whena party challenges the constitutionality of a statute in an appeal or petitionfor review in which the Attorney General has not appeared, every party mustserve its principal brief and any subsequent brief on the Attorney General onor before the date the brief is filed.

(a)(2)??????? Whena party challenges the constitutionality of a county or municipal ordinance inan appeal or petition for review in which the responsible county or municipalattorney has not appeared, every party must serve its principal brief and anysubsequent brief on the county or municipal attorney on or before the date thebrief is filed.

(a)(3)??????? Ifan appellee or cross‑appellant is the first party to challenge theconstitutionality of a statute or ordinance, the appellant must serve itsprincipal brief on the Attorney General or the county or municipal attorney nomore than 7 days after receiving the appellee?s or the cross‑appellant?sbrief and must serve its reply brief on or before the date it is filed.

(a)(4)??????? Everyparty must serve its brief on the Attorney General by email or mail at thefollowing address and must file proof of service with the court.

Email

notices@agutah.gov

Mail

Officeof the Utah Attorney General

Attn:Utah Solicitor General

320Utah State Capitol

P.O.Box 142320

SaltLake City, Utah 84114‑2320

(a)(5)??????? Ifa party does not serve a brief as required by this rule and supplementalbriefing is ordered as a result of that failure, a court may order that partyto pay the costs, expenses, and attorney fees of any other party resulting fromthat failure.

(b)??? Noticeby the Attorney General or county or municipal attorney; amicus brief.

(b)(1)??????? Within14 days after service of the brief that presents a constitutional challenge theAttorney General or other government attorney will notify the appellate courtwhether it intends to file an amicus brief. The Attorney General or othergovernment attorney may seek up to an additional 7 days? extension of time fromthe court. Should the Attorney General or other governmentattorney decline to file an amicus brief, that entity should plainly state thereasons therefor.

(b)(2)??????? Ifthe Attorney General or other government attorney declines to file an amicusbrief, the briefing schedule is not affected.

(b)(3)??????? If the Attorney General or othergovernment attorney intends to file an amicus brief, that brief will come due30 days after the notice of intent is filed. Each governmental entity may filea motion to extend that time as provided under Rule 22. On a governmentalentity filing a notice of intent, the briefing schedule established under Rule13 is vacated, and the next brief of a party will come due 30 days after theamicus brief is filed.

(c)??? Callfor the views of the Attorney General or county or municipal attorney.Any time a party challenges the constitutionality of a statute or ordinance,the appellate court may call for the views of the Attorney General or of the countyor municipal attorney and set a schedule for filing an amicus brief andsupplemental briefs by the parties, if any.

EffectiveNovember 1, 2016