US · rules
N.D. Cal. Civil L.R. 3-8
Claim of Unconstitutionality
(a) Federal Statute. In any action in which the constitutionality of an Act of Congress is
questioned and neither the United States nor any officer, agency, or employee thereof is
a party, counsel raising the question must file a notice of such claim with the assigned
Judge (or, if no assignment has been made, the Chief Judge) and serve a copy of such
notice on the United States Attorney for this district. The notice must identify the
statute and describe the basis for the claim that it is unconstitutional. The party must
file the notice with a certificate of service pursuant to Civil L.R. 5-5.
(b) State Statute. In any action in which the constitutionality of a state statute is
questioned and neither the state nor an agency, officer or employee of the state is a
party, counsel raising the question must file notice of such claim with the assigned
Judge (or, if no assignment has been made, the Chief Judge) and serve a copy of such
notice on the State Attorney General. The notice must identify the statute and describe
the basis for the claim that it is unconstitutional. The party must file the notice with a
certificate of service pursuant to Civil L.R. 5-5.
History
Cross Reference See 28 U.S.C. § 2403.
Provenance
- Source
- cand.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
6802f82e358a3b4180b496214dd82793fa2eb7bf6f48166c964cf695e5d75dad
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