IL · rules
Ill. S. Ct. R. 19
Notice of Claim of Unconstitutionality
(a) Notice Required. In any cause or proceeding in which the constitutionality or preemption
by federal law of a statute, ordinance, administrative regulation, or other law affecting the public
interest is raised, and to which action or proceeding the State or the political subdivision, agency,
or officer affected is not already a party, the litigant raising the constitutional or preemption issue
shall serve an appropriate notice thereof on the Attorney General, State’s Attorney, municipal
counsel or agency attorney, as the case may be.
(b) Contents and Time for Filing Notice. The notice shall identify the particular statute,
ordinance, regulation, or other law, and shall briefly describe the nature of the constitutional or
preemption challenge. The notice shall be served at the time of suit, answer or counterclaim, if
the challenge is raised at that level, or promptly after the constitutional or preemption question
arises as a result of a circuit or reviewing court ruling or judgment.
(c) Purpose of Notice. The purpose of such notice shall be to afford the State, political
subdivision, agency or officer, as the case may be, the opportunity, but not the obligation, to
intervene in the cause or proceeding for the purpose of defending the law or regulation
challenged. The election to intervene shall be subject to applicable provisions of law governing
intervention or impleading of interested parties.
History
Adopted February 21, 1986, effective August 1, 1986; amended July 27, 2006, effective September 1, 2006.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
52eebc08fc36dc75409fbc3b226401d5f8cb99db339dbaf74f30181680ad525f
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