The following amendments to Civil Rule 24, Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:
- Address service on the Attorney General and other governmental entities;
- Broaden the kinds of challenges that may arise;
- Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
- Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
- Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
- Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.