§ Rule 1.071 Constitutional Challenge to State Statute or County or Municipal Charter, Ordinance, or Franchise; Notice by Party

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Rule 1.071. Constitutional Challenge to State Statute or County or Municipal Charter, Ordinance, or Franchise; Notice
by Party

    A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise must promptly

    (a) file a notice of constitutional question stating the question and identifying the paper that raises it; and

    (b) serve the notice and the pleading, written motion, or other paper drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise on the Attorney General or the state attorney of the judicial circuit in which the action is pending, by either certified or registered mail.

    Service of the notice and pleading, written motion, or other paper does not require joinder of the Attorney General or the state attorney as a party to the action.

    Added Sept. 8, 2010, effective Jan. 1, 2011 (2010 WL 3488983).